Bud arrested for Dui

[HawkItus]

DUI Implied Consent Atlanta, Georgia

Individuals across Georgia drive their cars every day, not knowing that they already agreed to the state's Implied Consent law when they applied for their licenses. Under this law, any person who is suspected of driving under the influence of alcohol and/or drugs is required to give their consent to take a sobriety test—or face administrative penalties. This means that—just by refusing to submit to a breathalyzer after a driving under the influence (DUI) stop—you could lose your license for a significant period of time. For this reason, any person who has recently been arrested for drunk driving is encouraged to work with a qualified defense attorney on appealing their license suspension.

[HawkItus]

Beating The Georgia Breath Test

Georgia's driving under the influence (DUI) "per se" laws make it a crime to operate a motor vehicle with a blood alcohol content (BAC) level of .08% or higher (the exceptions to this are .02% for drivers under 21 and .04% for commercial drivers license holders). What this means is that—even if your ability to drive was not compromised by the consumption of alcohol—you can be arrested for drunk driving just for being above this per se limit.

What many people fail to consider is that the breath test used to determine BAC is not always accurate. In fact, there are a number of factors that could render an inaccurate or inflated reading. So rather than leaving your fate in the hands of a device prone to errors, you should immediately contact a DUI defense attorney who has had experience beating the Georgia breathalyzer test.

Challenging the Intoxilyzer 5000

Georgia law enforcement agents use the Intoxilyzer 5000—a machine initially developed more than 25 years ago—to perform breath tests on individuals suspected of driving under the influence. When you consider how much technology has changed in the past several decades, you may understand the concern that DUI attorneys have about breathalyzer tests being conducted on a unit that uses the same type of computer used to play the Pong game as well as a cheap aquarium-like pump to clear the breath sample chamber.

In addition, the manufacturers of this device refuse to turn over the code they use to analyze breath samples when determining BAC. This means that independent experts are unable to analyze the coding to evaluate if it is indeed accurate and without errors. Even when ordered to overturn the codes by courts in four states, the manufacturer would rather accumulate fines than share this information. With this is mind, you can see why you shouldn't plead guilty because of evidence that might not even be accurate.

There are other factors that can be used to challenge a breathalyzer test. For example, diabetes, hypoglycemia, acid reflux, and even dental work can inflate the results of a breathalyzer. And, if the test if not administered according to the established guidelines, this could also cause flawed results.

Contact an Attorney Who Understands the Georgia Breath Test

Attorney William C. "Bubba" Head has undergone intensive training on Georgia's Intoxilyzer 5000 breathalyzer test, and he's very aware of its flaws. In fact, that's why he's so dedicated to helping clients who have been arrested for DUI after "failing" the breath test.

For more information on how to beat the breathalyzer in court

Bubba Head is the end all be all authority on DUI's in Georgia.

[lethalweapon3]

Not sure of the current GA law. I've read articles that many states have passed laws due to lawyers advising clients to always refuse the breathalyzer. The law gives the state the right to forcibly draw blood at the police station for purposes of testing.

Found this.

http://www.georgiacriminaldefense.com/georgiaduibloodtestwarrantsandforcibleblooddraws.html

"Bowdler! Put your limo hat on!"

Drivers do have the right to refuse to take a chemical test in Georgia, but under the Georgia IMPLIED CONSENT laws, the driver who refuses testing may face a ONE YEAR loss of ALL driving privileges. For a first breath test refusal offense, your license can be suspended for one year. Plus, the police can then obtain a warrant for your blood, and hold you down to FORCIBLY draw your blood --- using that blood test result against you at trial. The length of the suspension can be increased for each subsequent DUI offense for which a refusal occurs.

~lw3

[Twinblade]

He realized his big mistake by becoming the hawks head coach so he is now trying to get out of the job. :-P

[terrell]

Alcohol and drugs....... Wow. He's got to go.

[vdunkndunk]

This new information is somewhat encouraging:

“Last night, Atlanta Hawks head basketball coach Michael Budenholzer was stopped by a Georgia State Patrol DUI Task Force officer for a broken taillight. He was stopped solely for an equipment violation and committed no traffic offenses. The trooper demanded that he submit to a breathalyzer, and when Coach Budenholzer asked to consult with an attorney first, he was immediately arrested and charged with DUI.

While at the jail, after consulting with an attorney by telephone, he immediately volunteered to take both a breathalyzer and also requested that a blood alcohol test be performed. His request for testing was refused. Immediately upon his release on bond, Coach Budenholzer went directly to Piedmont Hospital where his blood was tested at the earliest opportunity, albeit several hours after his arrest. The official report from the hospital blood test revealed that his blood alcohol concentration was less than .01, well below the legal limit of .08.

Coach Budenholzer has no prior criminal record and entered a plea of Not Guilty to all charges this morning in the Atlanta Municipal Court.

“I take my role as a leader very seriously and hold myself to a high standard. I apologize to the fans and to the Hawks organization for any negative attention this incident has brought upon my family and the organization while the legal process evolves and I contest these misdemeanor charges,” said Coach Budenholzer.”

http://www.ajc.com/news/sports/basketball/budenholzer-issues-statement-following-dui-arrest/nZgKs/

[terrell]

Alcohol and drugs....... Wow. I hope it was just a blunt. lol Either way, He's got to go.

[lethalweapon3]

The CBS Atlanta write-up in their update reads more like the full attorney-issued statement then a journalist piece.

http://atlanta.cbslocal.com/2013/08/29/budenholzer-responds-to-dui-charges-under-legal-limit/

UPDATE: (08/29/13 at 11:30 a.m.)

Atlanta, Georgia – Last night, Atlanta Hawks head basketball coach Michael Budenholzer was stopped by a Georgia State Patrol DUI Task Force officer for a broken taillight. He was stopped solely for an equipment violation and committed no traffic offenses. The trooper demanded that he submit to a breathalyzer, and when Coach Budenholzer asked to consult with an attorney first, he was immediately arrested and charged with DUI.

While at the jail, after consulting with an attorney by telephone, he immediately volunteered to take both a breathalyzer and also requested that a blood alcohol test be performed. His request for testing was refused. Immediately upon his release on bond, Coach Budenholzer went directly to Piedmont Hospital where his blood was tested at the earliest opportunity, albeit several hours after his arrest. The official report from the hospital blood test revealed that his blood alcohol concentration was less than .01, well below the legal limit of .08.

Coach Budenholzer has no prior criminal record and entered a plea of Not Guilty to all charges this morning in the Atlanta Municipal Court.

“I take my role as a leader very seriously and hold myself to a high standard. I apologize to the fans and to the Hawks organization for any negative attention this incident has brought upon my family and the organization while the legal process evolves and I contest these misdemeanor charges,” said Coach Budenholzer.

~lw3

[AHawks89]

This new information is somewhat encouraging:

“Last night, Atlanta Hawks head basketball coach Michael Budenholzer was stopped by a Georgia State Patrol DUI Task Force officer for a broken taillight. He was stopped solely for an equipment violation and committed no traffic offenses. The trooper demanded that he submit to a breathalyzer, and when Coach Budenholzer asked to consult with an attorney first, he was immediately arrested and charged with DUI.

While at the jail, after consulting with an attorney by telephone, he immediately volunteered to take both a breathalyzer and also requested that a blood alcohol test be performed. His request for testing was refused. Immediately upon his release on bond, Coach Budenholzer went directly to Piedmont Hospital where his blood was tested at the earliest opportunity, albeit several hours after his arrest. The official report from the hospital blood test revealed that his blood alcohol concentration was less than .01, well below the legal limit of .08.

Coach Budenholzer has no prior criminal record and entered a plea of Not Guilty to all charges this morning in the Atlanta Municipal Court.

“I take my role as a leader very seriously and hold myself to a high standard. I apologize to the fans and to the Hawks organization for any negative attention this incident has brought upon my family and the organization while the legal process evolves and I contest these misdemeanor charges,” said Coach Budenholzer.”

http://www.ajc.com/news/sports/basketball/budenholzer-issues-statement-following-dui-arrest/nZgKs/

Wish someone could edit this into the first post. Very good to hear.

[tbhawksfan]

Nearly everything we do puts us at risk. If you want to go to the root of the problem: CARS and how they're used. Cars have killed more people during the last half century than all the combined wars during that same period. Motor vehicles still kill over 10 million people a year, plus the pollution and cutural and social reorganization that basically has imposed the car as the only viable means of transport. One of the effects of alcohol is to impair judgement i.e. the decision of whether or not to drive. Drinking and driving laws are part of the war on drugs (people) where puritan intolerance is imposed on people as law. I agree, don't drink and drive. I chose to stop driving, like to drink too much. What about all the hypocritical smoking laws, including second hand smoke. What about second hand arsenic, co2, mercury etc associated with auto emission that non divers are forced to breathe everysecond ? Before entering micro arguments (arguments where you only look at a little part of the reality) and being so ready to condemn people, look at the whole reality. It could improve the perception people will have of you.Bud may really only have had one glass. I'll let the justice system do what it does before even pretending to pass judgement with out info.And I totally disagree that drinking and driving is compared to a violent crime. Without a the effect of an accident, there's no victim.

[lethalweapon3]

I presume the coppers didn't opt to do a compulsory blood draw at the jail?

I was totally unaware a person could rush into a hospital in the middle of the night to get their blood tested for alcohol content... but okay. Maybe some lawyers have it like that.

He bonded out of jail sometime after 4 AM. So I believe at least six hours went by between the time of the police stop and the blood draw at the hospital. I presume that's more than enough time to sober up. But if nothing else, the police's lack of biochemical evidence beyond visual cues will minimize the punishment for Bud.

~lw3

[AHF]

The other issue is that your BAC falls over time, typically around .02 per hour. If you have a .09 BAC and then end up getting your blood drawn 4 hours after your last drink (as may have been the case by the time Bud reached the hospital for testing), that means you were likely over the legal limit if you are still at a .01 BAC 4 hours later.

This attorney's cite posits that the average person burns off about .025 per hour. If that is right, then Bud was likely still over the legal limit at the time of arrest if the subsequent testing was 3 hours or more later.

http://www.attorneydwi.com/bacperdrink.html

[lethalweapon3]

Some info on the State Patrol's Nighthawks Task Force (I fussed earlier about the GSP, but this partially explains why they were where they were when they apprehended Bud).

http://dps.georgia.gov/nighthawks-dui-task-force-1

The Nighthawks Task Force was initiated in October 2004 and the 10 members are the most highly trained DUI law enforcement officers in Georgia. The Nighthawks patrol Clayton, Cobb, DeKalb, Fulton and Gwinnett counties during peak DUI related hours. The program is funded with a grant from the Governor's Office of Highway Safety.

Getting followed by the GSP Nighthawk patrolman (and not, say, APD) probably increased significantly the likelihood he was going to get stopped and questioned about much more than a busted taillight.

I noticed GSP all over Tech's campus area last week during Freshmen Orientation and the opening of Fall term. One followed me and my driving bud (no relation) halfway around the campus. I thought it was just "DWB," but apparently its just Nighthawk action. They're roving Tech and the Midtown party areas (not just the State Routes) because of the heightened likelihood of drunk-driving busts.

~lw3

[lethalweapon3]

Burning question: unlike LD, will Bud personally participate in the Hawksquawk chat postgame presser drinking festivities?

~lw3

[Admin]

Legal beagles, confirm for me. When you refuse the Breathalyzer, you get taken to the pokey on a DUI whether you were really over the limit or not, right?

Not to peel a bigger onion unnecessarily, but I'm sure I've heard a few DUI lawyers insist that you never, ever, agree to take the Breathalyzer test, even if you don't think you're over the limit, even if it automatically means you go to jail. It seems to me the downside is, if you're under the limit and refuse, you're left to the devices of the arresting officers to describe your condition and your ability to legally drive.

~lw3

In Texas if you refuse the breathalyzer then you are immediately subject to a mandatory blood test that they take on the spot. You cannot refuse it either.

[Admin]

Glad that the drugs report was inaccurate but this is still very disappointing. Just call a cab man! I can't crucify him as there's been times when I was younger when I knew I shouldn't have gotten behind the wheel and thanked the good Lord that I made it home without being pulled over but still felt bad for doing it.

I wonder though, if the Fox report had been accurate, what would qualify as "other substances" when drugs and alcohol were already mentioned? Did he have bootleg DVD's? Boner pills? What?

[CJB]

Let the facts come out before crucifying the man. He didn't get pulled for suspicion of driving drunk, he got pulled for a tail light. Bud probably had a couple of glasses of wine and was scared he'd blow over so did what every lawyer friend has ever told me, deny it. In SC atleast they can't draw blood or anything, guess they do in GA?

[lethalweapon3]

In Texas if you refuse the breathalyzer then you are immediately subject to a mandatory blood test that they take on the spot. You cannot refuse it either.

endy9 clarified for me that's how it is in Georgia, too.

But that's the head-scratcher for me, as HawksFanatić and others noted, that he was not tested, blood draw or Breathalyzer or urine or whatever, while he was in the jail. It might be an multi-jurisdictional issue. If he went to the Fulton County jail but wasn't arrested by a Fulton County/APD officer, the County may have simply decided to treat him (and others) as a holding-cell detainee until they were theoretically sober enough to hit the streets again. I'm just guessing, but I just suspect if it were me, especially had I refused on site, they'd have drawn all 3 (breath, urine, blood) before letting me bond out of there.

~lw3

[Admin]

endy9 clarified for me that's how it is in Georgia, too.

But that's the head-scratcher for me, as HawksFanatić and others noted, that he was not tested, blood draw or Breathalyzer or urine or whatever, while he was in the jail. It might be an multi-jurisdictional issue. If he went to the Fulton County jail but wasn't arrested by a Fulton County/APD officer, the County may have simply decided to treat him (and others) as a holding-cell detainee until they were theoretically sober enough to hit the streets again. I'm just guessing, but I just suspect if it were me, especially had I refused on site, they'd have drawn all 3 (breath, urine, blood) before letting me bond out of there.

~lw3

Also a huge difference here, and maybe it's due to his status and would be the same for most there as well, but in Houston you can count on being in the drunk tank for at least 24 hours and if it's a Friday night you get arrested, you will be in there until Monday around noon regardless of whether or not you can make bail. But yeah I suspect that it had something to do with his status as to how he got out of there so quickly and without having all of those tested at the jail.

[lethalweapon3]

The winning Deadspin comment thus far, from "Bring Back Anthony Mason":

As we now know, this never would have happened if the Hawks had hired Mike O'Doulsenholzer.

~lw3