One of his own deputies arrested Gerald Couch on suspicion of DUI in February 2026. Less than three months later, another deputy arrested his boss on suspicion of driving on a suspended license.
Authorities said Couch, 63, was operating a vehicle on a limited driving permit outside the allowed conditions. He was arrested and cited for driving outside the conditions of his limited permit and failure to maintain a single lane, which was the basis for the traffic stop. He was transported to the Dawson County Detention Center, where he was booked and later released after posting bond the same evening.
The arrest comes amid ongoing legal and administrative fallout for Couch, who is currently suspended following his DUI arrest in late February. Couch was detained on Feb. 27, also for failing to maintain his lane. State troopers were called in to conduct a DUI investigation after the deputy realized the driver was the sheriff. According to an incident report, Couch’s blood alcohol content was 0.212, or nearly three times the legal limit of 0.08.
Traffic Stops
In many jurisdictions, weaving is a simple traffic violation. But in Georgia, a lane violation is a misdemeanor punishable by up to a $1,000 fine. A conviction also puts three demerit points on your driving record (fifteen points in twenty-four months means mandatory drivers’ license suspension), and often drastically increases auto insurance rates.
This section prohibits lane changes unless “the driver has first ascertained that such movement can be made with safety.”
Usually, a lane change means that at least one tire has crossed entirely over the dividing line. In the old days, a Marietta criminal defense lawyer could use traffic camera footage or other evidence to prove the vehicle tire didn’t move far enough. But under current law, a stop is valid if the officer has a good faith belief that the suspect committed a traffic infraction.
So, it’s almost impossible to get these cases thrown out of court. As a result, the DUI stop is usually legal. More on that below. However, it is possible to beat unsafe lane change cases in court.
Officers often view lane violations as technical cases. Once the tire crosses the line, the party lights start flashing. However, the lane violation must constitute a safety hazard. If the road was mostly empty, except for the offender and the police officer, this element is difficult to prove beyond any reasonable doubt.
DUI Arrests and Drivers’ License Suspension
Demerit point drivers’ license suspension occurs slowly over time. But with one swing of the gavel, an Administrative Law Judge could suspend a drivers’ license based on nothing more than a DUI arrest, if the suspect failed or refused a chemical test.
In these cases, authorities issue temporary paper licenses which are effective for thirty days. At the end of that period, unless a Marietta criminal defense lawyer appeals the matter, the full license suspension period automatically goes into effect.
At the appeal hearing, the state must prove the officer had probable cause to demand a sample or the defendant failed the test. ALR drivers’ license suspension is a civil matter. So, the burden of proof (a preponderance of the evidence, or more likely than not) is lower. As a result, many chemical test defenses are unavailable. More on that below.
The bad news is that a result alone is usually sufficient to impose suspension. The good news is that Georgia’s first-time DUI arrest license suspension laws aren’t very severe, mostly because a limited license is usually available.
This hardship license generally allows people to drive for essential purposes (to and from work, to and from school, etc.) during certain hours of the day (usually 7 a.m. to 7 p.m.), and in certain areas (usually Cobb County or the county of residence).
Driving outside the scope of a limited license is the equivalent of driving while license suspended (DWLS). Although the suspension is related to the DUI, a DWLS charge is a separate offense which, in many ways, is as severe as first-time DUI. Both infractions are misdemeanors that have severe collateral consequences, such as higher auto insurance rates.
On a related note, officials can also suspend drivers’ licenses for other administrative reasons, such as a failure to pay child support or appear in court. Usually, bureaucrats send suspension notices to the address of record, which is often outdated. Therefore, many Georgians don’t know they have invalid drivers’ licenses until the aforementioned party lights come on.
Proving DUI Cases in Court
Once the DUI goes to court, the chemical test conviction rate is much higher than the non-test conviction rate. Nevertheless, if you fail a chemical test, you aren’t automatically guilty of DUI. Defense strategies typically focus on test reliability, lawfulness, and proper administration.
Mechanical and personal issues often affect Breathalyzer test reliability. Officials must religiously inspect, calibrate, and maintain these gadgets according to Georgia regulations. If maintenance records are incomplete or the device malfunctioned, the test results may be unreliable. Medical conditions such as acid reflux, diabetes, or certain diets may also affect breath test readings and skew the results.
Procedural defenses are available as well. Georgia law requires officers to properly advise drivers of the state’s implied consent notice before requesting a chemical test. If they give the warning incorrectly or at the wrong time, a Marietta criminal defense lawyer may be able to exclude the results.
Furthermore, officers must also follow approved procedures during testing, including observation periods before administering breath tests.
Om a related note, timing is also important. Alcohol levels change over time, and a test taken long after driving may not accurately reflect the driver’s condition when operating the vehicle. This is sometimes called a “rising blood alcohol” defense.
Blood test defenses may focus on contamination, improper storage, or breaks in the chain of custody. Blood samples must be collected, labeled, transported, and analyzed carefully. Medical personnel or laboratory technician errors can affect the reliability of the results. These defenses may raise a reasonable doubt as to whether the sample is accurate and/or whether the sample came from the defendant.
Criminal charges often don’t hold up in court. For a free consultation with an experienced criminal defense attorney in Marietta, contact the Phillips Law Firm, LLC. We routinely handle matters in Cobb County and nearby jurisdictions
