Gerald Couch (Hall County Sheriff's Office)
HALL COUNTY, Ga. - A pre-trial hearing has been scheduled for Tuesday regarding suspended Hall County Sheriff Gerald Couch's arrest for driving under the influence in late Feb.
What we know:
The hearing, scheduled for 8:30 a.m. Tuesday in Gainesville, is expected to focus on items that include Horizontal Gaze Nystagmus, blood alcohol and toxicology evidence.
Blake A. Poole, Couch's attorney, has filed motions in limine and to suppress evidence from Couch's arrest, such as statements the 63-year-old apparently made while speaking to investigators on Feb. 27.
The backstory:
Couch, 63, was arrested on Feb. 27. He faces multiple driving under the influence charges, possession of an open container and failure to maintain lane.
According to the Hall County Sheriff's Office, around 10:30 a.m., a deputy in an unmarked vehicle saw a black Chevrolet Tahoe failing to maintain its lane while traveling on Green Hill Road. The deputy followed the SUV, Couch's county-issued vehicle, into a private driveway.
Upon making contact with the driver, the deputy reported "a strong odor of an alcoholic beverage" and "clear signs of impairment," including slurred speech and unsteadiness. Recognizing the driver as the sheriff, the deputy requested the GSP to take over the investigation.
According to a Georgia State Patrol spokesperson, a trooper arrived at the private home at 11:30 a.m. to assist. The trooper noted that Couch was "unstable on his feet when exiting the vehicle" and smelled of alcohol.
After a trooper administered a field sobriety test, investigators determined Couch was under the influence of alcohol and placed him under arrest.
Georgia Gov. Brian Kemp suspended Couch as the sheriff of Hall County beginning on March 17 after the governor tasked a committee to investigate the sheriff shortly after the DUI arrest.
Couch's suspension was extended until June 17 following a separate arrest in Dawson County in May.
What they're saying:
According to court documents, state solicitors said on Feb. 26, a day before the arrest, Couch was brought to Northeast Medical Center in Gainesville, where he was diagnosed as suffering from alcohol intoxication.
The solicitors state a blood test that was done in the hospital revealed an ethanol alcohol content of 373mg/dL, which they described as "a potentially fatal level."
The state says Couch was given medications intended to assist with alcohol withdrawal when he was discharged from the hospital. However, they said later that evening, Couch was spotted buying alcoholic beverages from a local convenience store.
The state says in court documents that Hall County Chief Deputy Kevin Head and Capt. James Alexander prepared to travel to Couch's home on Feb. 27 to discuss allegations of drinking and to retrieve Couch's county-issued vehicle.
Solicitors said while on the way, they observed a black Chevrolet SUV failing to maintain its lane, which they identified as the sheriff's county-issued vehicle.
After following the car to the sheriff's home, court documents state the chief deputy and the captain both smelled alcohol coming from the car and from the defendant.
Documents state the two then called in the Georgia State Patrol. A trooper who responded also smelled "a strong odor of an alcoholic beverage coming from the defendant."
Solicitors say in court documents the defendant "acknowledged having 'screwed up' as well as consuming '4 Lokos'" hours before the arrest.
The state says in court documents Couch's blood draw revealed an alcohol concentration well above the state's limit of 0.08 "as well as for several drugs with the potential to impair driving".
The other side:
Poole said following Couch's arrest in May that his client has remained sober since the February incident.
The Source: The information in this story was gathered from online court documents, which explained how we got the legal claims and scheduling details, as well as previous FOX 5 reporting.