Arrest For Driving Under The Influence, Reckless Driving In Georgia

[NewShinyCD]

A few weeks ago a friend of mine was arrested for DUI, Driving on the wrong side of the road, and for wreckless driving.
On the ticket he received it stated that they administered a breathalyser test, which they didn't. The cop also never administered a field sobriety test.
My friend had taken one of his prescription allergy medicines that does make him sleepy. He told me that he does remember having swerved on to the wrong side of the road (not completely though) he never actually drove on the wrong side of the road. He was also driving the under the speed limit.
The cop that pulled him over was an off duty cop who noticed my friend was driving "dangerously" so the cop stopped by his house (which just so happened to be on the road my friend was driving on) to get his cop car to pull him over.

Now for the question: Can they accuse my friend for DUI if they never administered a breathalyser, a field sobriety test or even a blood test? Can they ticket a person for accidentally swerving in the opposite lane?
Need a little help here as this is the first time this has ever happened to him.

[usedbranflakes]

Your situation is tough and it really depends.

...an officer, even off-duty, can pull you over. It happens all the time.
There are two components to the DUI;
Failure or lackluster performance on the NHTSA SFTSs , or roadside tests.
Intoxication (drugs, even prescription; inhalant, even if you work as a painter; and our favorite, alcohol). Anything above 0.08 is a "per se" alcohol charge. Drugs are a different ballgame.

The suspect has to be provided a copy of the "machine" report in Georgia.

My suggestion is to find an attorney who is licensed to practice in Georgia and has been through the National College for DUI Defense. The best attorney in Georgia no longer practices. Many attorneys in the Atlanta area learned from Bubba Head and any of those folks that worked with him may also be a good candidate, even if they have not passed through the DUI Defense courts.

You can Google websites regarding attorney selection in a DUI case.

With a good attorney, and a good legal defense bankroll, your friend has a chance of beating this.

Cheers,

- UBF