The Atlanta DUI News Blog

DUI Charges Dropped For Atlanta Braves' Derek Lowe

Atlanta Braves pitcher Derek Lowe was arrested on suspicion of DUI last month after a state trooper said that he smelled alcohol on Lowe’s breath and noticed signs of impairment. Yet Lowe declined to take a breath test on the night of his arrest, so we’ll never know , legally, whether or not he was drunk behind the wheel.

Perhaps Lowe made a good decision when refusing a breath test, as MSNBC reports that prosecutors have dropped the DUI charges and reckless driving charges against him due to lack of evidence. A defense attorney representing Lowe denied the allegations that his client was racing another driver at the time of his arrest and stated that Lowe did “remarkably well” on the field sobriety tests that were administered by officers.

Defense attorney Bubba Head argued that the smell of alcohol on Lowe’s breath could have come from the athlete’s chewing tobacco, reports The Atlanta Journal-Constitution. The lawyer also claimed that there were also other mistakes made in the police report involving Lowe’s arrest, including the type of car that Lowe drives.

Yet is it always a good idea to refuse a breath test like Derek Lowe did? Refusing a breath test can be very risky because a person can still face DUI charges with no breath test results. In addition, in states with implied consent laws, there are automatic penalties which will apply if a DUI suspect refuses a chemical test. This case shows, however, that no breath test results can sometimes lead to a case getting dropped when there’s not enough other evidence (such as field sobriety tests) that can demonstrate impairment.

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