Legal Question in DUI Law in Georgia

My son got married 5 months ago and moved to Tifton, GA. Three months into the marriage, he was diagnosed as having a heart problem (heart failure and atrial fibrillation; he is 40), and stayed in the hospital 9 days. At the time of his hospitalization, he was working with the City of Tifton as a street sweeper. One day last week, he accidentally bumped a vehicle (only a small scratch) and he was aware that something was happening to him because he wasn't acting right. He takes 6 or 7 medications prescribed by his doctors, and he MUST take them daily in order to live. At times his blood pressure has dropped dangerously low. This was one of those times. The police came to do a report and they thought he was a little disoriented (he was scared to death) and they did a blood test on him. He was declared DUI. Of course, he was. He was taking PRESCRIPTION medications, and nothing else. They put him in jail for 8 hours, and he lost his job as a result. His wife is a nurse and she took his blood pressure when he was released, and it was 90 over 55, SO dangerously low. I shudder to think that he could have died while in jail, and they had no knowledge of his heart condition and his low blood pressure. He must go to court on September 12. He has NEVER had a traffic violation, not even a speeding ticket, and he has a CDL. He is worried to death because he and his wife can't afford an attorney. There was a situation here where I live in which a man was jailed for acting strangely, and he died in jail of a diabetic coma. Talk about a major law suit! So, my question is: Does my son have anything to worry about? He has documentation of all the medications he takes and the side effects: drowsiness, lethargy, disorientation, etc. If his case is thrown out, can he sue for losing his job, lost wages, and mental anguish? As I said, he has only been married 5 months and this young couple has no money to hire an attorney. I know that the court may appoint one, but I feel that he wouldn't get the best representation. So, again, do you think there is a case against him? He takes NOTHING but prescription medications, which he MUST take in order to live. And, do you think that his case will be dismissed. If so, what should he do. Thank you for answering my question. I hope your answer is free because I have no money either -- Jan Davis


Asked on 8/14/11, 6:22 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

First, you need to contact LawGuru and have your post removed because you violated the terms of posting here (and the privacy of yourself, your son and his wife) by posting your name. Second, it will do your son no good at all to get an opinion here about the case. We are not the judge. If you want to help, help them get a lawyer.

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Answered on 8/14/11, 6:26 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

I would suggest that you immediately email LawGuru to get your post removed. You have violated their posted rules in posting your name and personal information, and then have done it in a way where police and prosecutors can use your post to help hang your family member (yes, you can be convicted of DUI for prescription drugs). You may have really hurt his case. Get the post removed, and get him a good lawyer.

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Answered on 8/14/11, 7:39 pm


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