Dalton man found DUI after deputy investigates into suspicious activity
According to a Whitfield County Sheriff's Office incident report, on Monday, September 28th, 2020, at approximately 3:17 PM, A deputy was traveling westbound on Brickyard Road behind a white 1995 Buick Century driven by and later identified as Fidencio Diego, 26 of Dalton. The deputy observed Diego fail to maintain his lane, almost crossing completely over the center double yellow line before reaching South Dixie Highway. The deputy observed Diego turn right to travel north on South Dixie Highway. The deputy turned right as well to attempt to observe Diego's driving but was now several cars behind. The deputy reported the traffic conditions as light, with clear weather and dry roadways. The address associated with the vehicle registration did not belong to the area. The deputy made a left on Lucille Drive to patrol the area to see where Diego was going. As the deputy circled the backside of the neighborhood, the deputy observed Diego ahead on the roadway, slowly driving toward the deputy. The deputy made visual contact with Diego and observed him turn into the next available driveway at on Kenwood Drive. The deputy turned into a driveway out of sight of Diego to observe if he had business at the residence. The deputy observed Diego sitting in his vehicle. Moments later, Diego begins to exit his vehicle and made visual contact with the deputy. Diego quickly got back into his vehicle. Diego began walking up the driveway and appeared to be making a phone call but not entering the residence. The deputy observed what appeared to be the homeowner of the residence walk out of the front door inquiring Diego's business at the residence. After a brief conversation, Diego walked back toward his vehicle. Due to the deputy's training knowledge and experience, the deputy observed Diego's manifestations of driving and encounter at Kenwood Drive to be indicative of deceptive behavior. Based on the totality of the circumstances, the deputy reported he believed a crime was about to be committed. As Diego was walking back to his vehicle, the deputy made contact with Diego. The deputy asked Diego if he was lost. As the deputy approached Diego, he immediately observed the odor of alcoholic beverage emitting from Diego's person approximately an arm's length away. The deputy also observed Diego's eyes to be glassy and bloodshot. Diego stated he was trying to find someone's house to buy a bicycle. Diego hesitated to respond to the deputy when asked to produce a driver's license. Diego stated he did not have a license. Diego continued putting his hands in his pockets even after being asked several times. The deputy had to again instruct Diego to remove his hands from his pockets. Diego failed to comply with the deputy's instructions and was grabbed. The deputy physically assisted him against the vehicle where he was detained. The deputy requested additional units to assist. A lieutenant arrived and conducted standard field sobriety testing on Diego. A deputy located a plastic bag in the passenger seat floorboard area containing three red empty 12 Oz. Budweiser alcoholic beverage cans. They also found a fourth can under the front passenger seat partially full and cold to the touch, with condensation on the can. Upon the lieutenant's conclusion of the standard field sobriety testing, the lieutenant determined that Diego was beyond the legal limit of impairment to operate a vehicle. Diego was taken into custody and read the Georgia Implied Consent Notice for Suspects Age 21 or Over. Diego refused all testing and consent for breath. Diego was transported to the Whitfield County Jail charged with failing to maintain lane, driving without a valid license, open container, and DUI Less Safe.