Georgia Court of Appeals Approves Use of Search Warrants to Acquire Evidence of Intoxication in DUI/Drunk Driving Cases

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On March 30, 2012, Officer Daniel Higgins of the Cherokee County Sheriff's office was manning a vehicle safety checkpoint in Cherokee County, Georgia. The roadblock was well marked. Deputy George Rose observed a white Cadillac approach the checkpoint around 10:30 p.m. The vehicle's left turn signal was activated, and as it approached him, Deputy Rose noticed that the vehicle's passenger side tires twice crossed over the middle line dividing the lanes of traffic. Deputy Rose began to converse with the driver. He noticed that McAllister was nervous while speaking and that his eyes were red and glassy. Rose also observed McAllister's speech to be slurred and his overall demeanor to be confused. Deputy Rose detected an odor of alcoholic beverage coming from the vehicle. After being directed to a certain spot, Mr. McAllister drove his vehicle past that point, slammed on his brakes and appeared unsteady on his feet when he stepped out of the vehicle. After failing the HGN test, and declining to attempt other field tests for medical reasons, Deputy Rose placed Mr. McAlister under arrest and charged him with DUI/drunk driving.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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