According to a Whitfield County Sheriff’s Office incident report, On January 15th, 2023, at 7:46 PM, Deputy Philips and Deputy Townsend were traveling northbound on I-75 when they observed a silver 2018 Kia Sorento with a Florida tag in the center lane fail to maintain its lane several times. The vehicle was also observed driving all over the roadway. Deputies conducted a traffic stop just north of exit 326 and then made contact with the driver Zachary Thomas Dubois, 33, of Chattanooga. According to the report, “Dubois stated that he had been texting while driving. He also stated that he was traveling from Sarasota, Florida, to Chattanooga, Tn. and had been driving since 8:00 AM. Mr. Dubois then stated that he was moving to Chattanooga, Tn. Mr. Dubois’s license through GCIC\NCIC showed that Mr. Dubois’s license status was suspended through Florida for DUI. Mr. Dubois did advise that he was issued a Business Purpose Only (BPO) permit through Florida and that he could drive for business reasons.” Dubois stated that he had not had any alcohol and had taken his doctor-prescribed medication. Deputy Townsend used his flashlight to look at Mr. Dubois’s pupils to see if they reacted to light or were constricted or dilated. Mr. Dubois’s pupils did react to the light. The conditions on the interstate (open air, vehicles passing, causing it to sometimes become windy) can make it difficult to detect the odor of substances. According to the report, “As Deputy Townsend was exiting the vehicle, he smelled a “fruity” smell which he believed to be an alcoholic beverage. At that time, deputies had Mr. Dubois exit the vehicle and remove the handcuffs. Deputy Townsend then began questioning Mr. Dubois about the “fruity” odor he smelled. Deputy Townsend asked Mr. Dubois again if he had consumed alcohol at which time he stated “no”. Based the on the odor that Deputy Townsend had, Deputy Townsend asked Mr. Dubois if he would consent to provide a breath sample into an alco-sensor. Mr. Dubois consented to provide the sample, and the alco-sensor indicated a BAC of .084 grams. ” During standardized field sobriety tests, Dubois showed several signs of impairment and was placed under arrest for DUI. While inventorying the vehicle, deputies located an open 24 oz White Claw (Mango flavored) and 2 8% alcohol by volume 24 oz Redd’s Wicked Apple. Dubois was then transported to the Whitfield County Jail, where he showed a BAC OF .149. Dubois was charged with DUI, distracted driving, open container, and failure to maintain lane.
