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State v. D.C. – .214 breath test, 2nd in 5 DUI, and violation of limited permit

D.C. was arrested after a confrontation with another gentleman outside a Snellville Quick Trip.  The police were called and they stopped D.C. a few blocks away from the QT.  D.C. admitted to drinking about four beers, and stumbled as he walked.  After performing poorly on field sobriety evaluations D.C. told the Snellville Police officer “I am not going to lie to you, I should not be driving.”  The officer arrested D.C., and took him to the station where D.C. registered .214 on the Intoxilyzer 5000.  Mr. Ryczek argued that the officer did not have a “reasonable articulable suspicion” to stop D.C. (this is required before an officer may initiate a traffic stop) and the judge agreed.  D.C.'s case was dismissed.