DUI: It was only chewing tobacco

Question: I shouldn't have been arrested for DUI in Forsyth County because I wasn't drinking. It was actually the first time I tried chewing tobacco. I didn't know that I would feel sick from using smokeless tobacco.

I was out at my daughter's softball game and a friend talked me into trying some dip. I used a little bit and when the game ended I drove home. But I was feeling like I would vomit. A Forsyth County deputy sheriff pulled me over and said I didn't maintain my lane. When I was talking to the deputy I actually got sick in the car. He thought I was drinking or on drugs and he arrested me for DUI.

I refused all tests. He took my license and I have to go to court in Cumming. What should I do? I don't want a DUI? Do you know anything about chewing tobacco and its effects?

B.H. in Cumming

Answer: It is not an uncommon occurrence for a first-time user of smokeless tobacco to experience dizziness, nausea and other discomfort. These side-effects can seem like DUI to a police officer, particularly when a motor vehicle driver vomits during a police stop.

Based upon your assertion that you did not have anything to drink, you should have taken a breathalyzer test or a blood test. Since the tests would not have shown the ingestion of alcohol or drugs, the DUI charge would be quite weak.

About Us

When you or a loved one needs to speak with an Forsyth County DUI lawyer, just give us a call at 678-215-4106. We can help.

Let our experience and knowledge of the court system help you. Our real life experience includes having served as a Magistrate Judge, an Assistant Attorney General and as an Assistant County Attorney.

So when you need the services of an Cumming DUI lawyer, attorneys William H. Sherman and Valerie W. Sherman should be your first choice!

Related Posts
  • What should I know about a DUI charge in Sandy Springs? Read More
  • Blood Tests in DUI Cases: Georgia DUI Lawyer Read More
  • Why would someone fail DUI field sobriety tests?: Georgia DUI Lawyer Read More

Contact Our Offices

Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (678) 712-8561.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.