I was arrested in Acworth Georgia for a Dwi. They claim I was under the influence of some kind of drug.

Asked 12 months ago - Acworth, GA

I was pulled over for a seatbelt violation in acworth ga at 730 at night after working an 11hr shift in the hot sun. I was asked to step out of the vehicle and was asked if i had been drinking i replied no. i was then asked if i had taken any illegal drugs which i replied no. then i was asked if he could search the vehicle which i told him he could. he didnt find anything in my truck but my allergie medicine. after he went back to his car and ran my name he then cam back and asked if i would take a field test which i did. i guess i failed it because he put me under arrest for dwi then we went to the hospital for a blood test that was sent to the gbi. my question is after the test comes back negative because i dont use drugs or drink will charges be droped and can i sue?

Additional information

also he pulled up my nici and it showed i had been arrested for dui before twice one was droped to wreckless driving the other one was when i was 19 that was about 10 years ago. by the way the only prescription drug i take is for my allergies. I take 1 every two days and i have been taking them for 16 years. But he had me follow his finger and hold my head back with my eyes closed for 30 seconds. and like i explained to him i had been working in the hot sun 11hrs today without a break and was tired. I talked to a local lawyer today and was told that the case would most likely be droped in court

Attorney answers (7)

  1. Benjamin Von Schuch

    Contributor Level 11


    Lawyers agree

    Answered . This is the city of Acworth. I would not rely on them doing the right thing. They can still pursue a DUI based on the allergy medicine. You really need a lawyer especially in Acworth. The judge will try and intimidate you.. Most lawyers remove their cases from Acworth and send them to Cobb State court. I can not stress enough that if you leave your case in Acworth the judge will find you guilty. Do not expect the prosecutors or judges to know the law. You will get screwed without a lawyer in Acworth.

  2. Roger C. Wilson

    Contributor Level 9


    Lawyers agree

    Answered . Mr. Von Scuch provides very good advice here. Please follow it. You can worry about suing (and post questions about it and get answers to them here) when the DUI case has been taken care of. It is too early to assess that now. Do immediately retain a lawyer to help you with the DUI case and Acworth. First things first.

  3. James Lawrence Yeargan Jr.


    Contributor Level 19


    Lawyers agree

    Answered . When everything comes back negative the case against you should be dismissed. You need to make sure all of the charges are dismissed so you can expunge the arrest. Don't plea to any of the underlying traffic violations, if there are any, because this will stop your chances of expungement. You cannot sue because the police enjoy sovereign immunity in most situations, and this would most likely be one of them.,

    James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on... more
  4. Michael David Barber Jr.

    Contributor Level 15


    Lawyers agree

    Answered . DUI/DWI is a very complicated charge. There are actually more sections to the Georgia law than just drinking and driving under the influence. Two of the sections include both prescription, non prescription and illegal drugs. When the officer gives you the field testing, there are "clues" that the officers are instructed to look for in the field testing. The officers, however, have to be certified and know what they are looking for. Many times I have seen this testing and it was not done according to the guidelines required by the courts. When the officer can't figure out what is going on, he may have decided to charge you with DUI/DWI and see where the chips fall after court. Your charges are not going to be dropped, at least not without a fight in court. It will be , unfortunately, nearly impossible to sue for being arrested, but after the DUI portion is over you can always report the officer.

  5. Ethan Patrick Meaney


    Contributor Level 20


    Lawyers agree

    Answered . If your test comes back negative for drugs and/or alcohol then the DUI/DWI charges likely will not be pursued. However, absent a civil rights violation or some other violation not mentioned in your facts it is not a case you will be able to file suit over.

  6. Allen Rust Knox

    Contributor Level 16


    Lawyers agree

    Answered . Don't expect the case to be dropped in Cobb County. If you were taking your prescription medication, your blood test will likely show that in your system. The GBI doesn't just test for drugs of abuse and alcohol. They will run a full drug screen. Moreover, there was some evidence of poor driving on your behalf that led to your being stopped under suspicion of DUI. This evidence will be used by the State to attempt to prove that you were a "less safe" driver due to the influence of your prescription medication. Having a prescription is not a defense to a DUI charge. The information you provided about the long work day is evidence of a defense. Basically, you are saying that it was the heat that caused your poor driving, not the prescription. That forms the issue for a jury to decide in the case. The State will still prosecute you and attempt to convict you of DUI. You need to retain an attorney now.

    Allen R. Knox
    125 TownPark Drive, Suite 300
    Kennesaw, GA 30144
    (678) 334-1399

  7. Steven P. Shewmaker

    Contributor Level 12


    Lawyers agree

    Answered . I agree with all written before me. I add the following:

    First, cops can pull you over for moving violations and stop you long enough to deal with the reason they stopped you and briefly thereafter for additional observation. If they run across anything that catches their attention that might lead to further criminal activity, they can briefly and reasonably look into it. That happened here.

    Second, when asked if a cop can search you person, vehicle or home, I strain to think of a situation where you should allow them this privilege. You did, though, and that led to more.

    Third, he ran your name, and found your prior history, which evidently fueled his desire to keep going. Nothing much you could do to prevent that.

    Finally, if the drug test comes back as you say, it will most likely be dropped in state court. Take the case to state court.

    Also, hire a lawyer, and do it very soon.

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