Free Consultations 678.712.8561
Benefit from the Experience of Attorneys Bill and Valerie Sherman Former Assistant Attorney General, Assistant County Attorneys and Magistrate Judge

High-Gravity Beer & DUI

Question: I was drinking high gravity beer and I was wondering if I could use that as a defense. Since I rarely drink high gravity beer (almost never, really), I didn’t realize I was getting so drunk and I was thinking that maybe the prosecutor might give me a break because of that. If I had been drinking my regular beers, like Budweiser and Miller (my favorites), I wouldn’t have been so drunk and I wouldn’t have gotten a DUI.

Now I have to go to the Sandy Springs Municipal Court and I need a Sandy Springs DUI lawyer, and that’s why I’m writing to you.

Because I’m pregnant, I know I shouldn’t have been drinking at all. But I wanted to do some stress relief, my boyfriend’s a jerk, and I’ve given up smoking pot. I was out with some girlfriends and we went to a bar with a lot of beers. My friend was buying me drinks to celebrate my pregnancy and she kept buying me high gravity beers. After several, I stopped drinking.

Since my friends were all buzzed and drunk, I said I’d drive everyone home. The girl who was our designated driver had to leave early by Uber because she was having abdominal cramps really bad.

We didn’t drive too far when I noticed blue lights and a cop behind me. I thought he was trying to pass me so I pulled to the side but I noticed he was still behind me. The cop came over, asked me for my driver’s license and immediately asked if I’d been drinking. I said I had one and that I was just celebrating my pregnancy. He kind of got a little angry and said I shouldn’t drink if I was pregnant. From then on, things got even worse.

When I got out of the car I stumbled, but not from a buzz. I was wearing high heels by Manolo Blahnik (my favorite) and I just stumbled. I did those DUI tests and I admit I didn’t look great.

I took the breath test and I blew a .220. Yes, it’s high and I know it. But the bottom line is that if I hadn’t drank the high gravity beers I would not have gotten so drunk and I wouldn’t have gotten a DUI, so maybe that can be a defense.

C.V. in Sandy Springs, GA

Answer: High-gravity beers have gained quite a popular following amongst beer drinkers. High-gravity beers are beers with a higher alcohol concentration than other beers. Many people say high-gravity beer is more bold, flavorful, interesting and powerful than “ordinary” brews. People talk about their more “intense” flavors, tastes, and potency.

But many people drink them because the higher alcohol content gets them drunk way faster than standard beers.

It’s hard to see how a defense built around the higher alcohol concentration of these beers will help you. However, that doesn’t mean that you won’t have a good defense. In any DUI case, we examine the totality of all evidence to ensure that our clients are fully represented. We use that information in all of our negotiations with the prosecutors.