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Call Now For A Case Evaluation
As experienced Georgia DUI lawyers at George C. Creal, Jr., P.C. Trial Lawyers, we’ve seen firsthand how flawed roadside sobriety tests can lead to unjust arrests, even for completely sober individuals. A recent investigative report by WSB-TV’s Justin Gray, aired on October 30, 2025, shines a spotlight on this alarming issue right here in our state. Titled “Sober Georgia drivers charged with DUI, accuracy of roadside tests questioned,” the story highlights cases where Georgians are hauled off to jail based on subjective officer judgments, only for blood tests to later prove their innocence. If you’ve been caught in a similar nightmare, you’re not alone—and our firm is here to fight for your rights.
Take the story of Lenny Daniel, a 65-year-old widower and longtime volunteer for Meals on Wheels. After performing with his band in Kennesaw, Daniel was pulled over for minor traffic violations: failure to maintain lane, an improper turn, and stopping in a crosswalk. He admitted to having a single drink earlier but blew a clean zero on the breathalyzer. You’d think that would end the ordeal—but it didn’t.
Instead, officers subjected him to Advanced Roadside Impaired Driving Enforcement (ARIDE) evaluations, a 16-hour training program designed to detect impairment from drugs or alcohol. Based on his performance in tests like touching his nose and maintaining balance, the Kennesaw Police officer arrested him for DUI, claiming he was “under the influence of some kind of drug.” Daniel spent the night in Cobb County Jail, fearing it would derail his volunteer work and tarnish his reputation.
Six months later, an official blood test confirmed what Daniel had insisted all along: no drugs or alcohol in his system. The charges were dropped, but not before he endured significant stress, legal fees, and a fine for the initial traffic stop. As Daniel told WSB-TV, “I do support the police, but this was just such an unfair thing that it was done to me, and I imagine to some others too.”
The WSB-TV investigation dives deep into the reliability of these roadside tests, particularly for suspected drug impairment. ARIDE training, which officers rely on, presents itself as “scientifically validated.” But experts and studies tell a different story.
Joshua Ott, a former Roswell Police Officer with over a decade of experience and an instructor in both ARIDE and the more advanced Drug Recognition Expert (DRE) program, now serves as a DUI expert witness. He criticizes the tests for their high false-positive rates. “We are using supposedly scientific evidence that has very high false positive rates,” Ott explained. A 2023 University of California, San Diego study, published in the Journal of the American Medical Association, found that officers using field sobriety tests misclassified 49% of sober participants (given a placebo) as impaired—essentially no better than flipping a coin.
The ARIDE training manual even states that officers are “more likely to err on behalf of the defendant,” implying it’s better to let someone go than arrest wrongly. But as Ott points out, the data proves the opposite: false arrests are rampant. Criminal defense attorneys and former DUI prosecutors, echoes the alarming number of false arrest. Officers often claim they’ve never made a mistake on arrests—despite the human error inherent in these subjective evaluations.
In Georgia, where marijuana is the second most common substance in DUI cases after alcohol (per 2025 GBI data showing 3,693 positive toxicology tests for THC out of 6,669 total), these tests are particularly problematic. The report notes that while Cobb County Police adjusted their policy after a 2017 ACLU lawsuit to issue citations instead of arrests for suspected marijuana-only impairment, departments like Kennesaw, Atlanta, and DeKalb still make full arrests.
Kennesaw Police Department’s own Standard Operating Procedure (SOP) #02-22 on DUI Enforcement, effective June 20, 2025, emphasizes arresting based on the “totality of the circumstances,” including driving behavior, physical manifestations (like bloodshot eyes), and field sobriety evaluations. The policy recommends using the National Highway Traffic Safety Administration (NHTSA) standardized battery of tests and notes that officers should consider physical disabilities or extreme intoxication when administering them.
In Daniel’s case, the department followed this protocol: observing violations, noting bloodshot eyes and an admission of alcohol, and citing “multiple clues of impairment” from evaluations. Their statement to WSB-TV defends the arrest, stating probable cause existed and that they assisted with expungement once the negative toxicology results came in. But as our firm knows from defending countless clients, “probable cause” can be a low bar, often hinging on an officer’s subjective interpretation rather than hard evidence.
The SOP also covers implied consent, breath testing, and additional tests, requiring officers to read warnings clearly and allow suspects to arrange independent testing. Refusals or positive results trigger administrative license suspensions via DDS Form 1205. Yet, even with these safeguards, innocent people like Daniel slip through the cracks, facing jail time, license issues, and lasting stigma.
These wrongful arrests aren’t isolated incidents. They highlight a systemic issue: overreliance on flawed, biased tests that prioritize enforcement over accuracy. As the WSB-TV report underscores, Georgia’s toxicology data shows thousands of tests annually, but how many negative results come after unnecessary arrests? The emotional and financial toll is immense—lost wages, damaged reputations, and the stress of fighting charges.
At George C. Creal, Jr., P.C. Trial Lawyers, we’ve successfully defended clients in similar situations by challenging the validity of roadside tests, scrutinizing police procedures, and leveraging expert witnesses like Ott. We know Georgia DUI laws inside and out, from O.C.G.A. 40-6-391 to implied consent rules. If you’ve been arrested for DUI despite being sober, contact us immediately. We offer free consultations and will work tirelessly to get charges dropped, records expunged, and your life back on track.
Don’t let a flawed test ruin your future. Visit our website or call us today to discuss your case. Remember, in Georgia, you’re innocent until proven guilty—and we’re here to ensure that’s more than just words.
This blog post is for informational purposes only and does not constitute legal advice. For personalized guidance, consult with an attorney.
George Creal is a trial lawyer who has been practicing law
in the Metro-Atlanta area for over 27 years. George brings
a broad range of experience to the courtroom. Read More