HALL COUNTY, Ga. - The months-long process of taking Hall County Sheriff Gerald Couch to court for alleged drunk driving is heating up as attorneys for the state and the sheriff legally spar over evidence.

On May 6, Couch's attorney filed a motion to suppress evidence in the case, claiming that there were issues with the evidentiary process when the sheriff was arrested in February.

Among the claims, Couch's attorney said the search of Couch's vehicle was  warrantless and nonconsensual,  and that the field sobriety test administered to him was involuntary, violating his Fifth, Sixth and 14th Amendment rights.


Last week, the prosecution filed their response, justifying the actions of the officers and state troopers involved in Couch's arrest for driving under the influence in a sheriff's vehicle.

What we already knew from the arrest records

Details of the case, as far as Couch's alleged drunkenness and how he was driving were in the arrest report from GSP obtained by Channel 2 Action News in March.

With the filing in June, prosecutors went back over that process, as well as how the evidence was obtained.

Prosecutors told the court that it started the morning of Couch's arrest, deputies from Hall County had gotten a tip the sheriff may have been drinking again and were preparing to go to his home to discuss it with him.

While on the way to the sheriff's home, deputies told prosecutors they saw a vehicle recognized as Couch's  failing to maintain its lane  and followed it to Couch's home. Both deputies at the scene spoke to the sheriff, smelled alcohol coming from both him and his vehicle, prosecutors said.

That's when the deputies called the GSP to take over the investigation.

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What's new in the filings?

Prosecutors told the court that Couch was hospitalized the day before his arrest for DUI to be treated for a  potentially fatal level  of blood alcohol.

Couch's attorney is disputing the process of how the Georgia State Patrol tested Couch's sobriety and searched his vehicle.

The defense is also allegi

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