« BACK TO TMZ TMZ

Our TV Shows

Got a Tip?

Call TMZ at (888) 847-9869 or Click Here

ATL Hawks Head Coach

FIGHTING DUI ARREST

I Was Not Driving Drunk

8/29/2013 10:24 AM PDT BY TMZ STAFF
breaking news

0829_michael_budenholzer_wm

Atlanta Hawks head coach Michael Budenholzer says he was NOT driving drunk when he was arrested for DUI last night ... and says he has some semi-convincing proof to back his claim.

Budenholzer was arrested in Atlanta around 10:30 PM Wednesday night ... after a Georgia State Trooper noticed the NBA coach's car had a broken taillight.

During the stop, cops say they noticed a strong odor of alcohol on Budenholzer's breath -- and asked him to submit to various field sobriety tests, including a breathalyzer.

According to the incident report, obtained by TMZ, MB agreed to everything BUT the breathalyzer ... and then proceeded to perform poorly during the other field sobriety tests. 

During the arrest, Budenholzer reportedly admitted to having consumed 1 glass of wine earlier in the evening.  He was arrested and hauled to a nearby jail.

Budenholzer was eventually released from custody around 3:45 AM this morning (5 HOURS after the initial arrest)  ... and his lawyer says the coach went directly to a local hospital where a blood test revealed his B.A.C. was less than .01. 

Budenholzer has since pled not guilty to DUI -- and released a statement saying, "I apologize to the fans and to the Hawks organization for any negative attention this incident has brought upon my family and the organization while the legal process evolves and I contest these misdemeanor charges."

For more sports stories, check out tmzsports.com!
29 COMMENTS

No Avatar
16.

Robin    

Aw, coach, you're as bad as your kids. I mean team. Stayed in custody for five hours? That's PLENTY of time for your blood alcohol level to drop. Duh.

356 days ago
17.

Matt    

If you havent got a dui in atlanta, you simply haven't been in atlanta for any period of time.

356 days ago
18.

Stump    

Never consent to a field sobriety test, never consent to a breathalyzer test. Refuse politely and offer to have blood drawn.
That puts the onus on the police, and they screw up a lot. Since you offered blood you complied with the implied consent part of the law. Without the field sobriety test they have no probable cause other than their observations and you were polite.
You have a better than average chance that they will take a long time to get you to a hospital and when they do ask for a second vial of blood so you can have an independent test.
A prosecutor will not want a fight when you do this and will most likely plead down the DUI to reckless driving or some other lesser charge.

You will lose if the BAC comes back over .1 but it is worth the effort to try.

356 days ago
19.

Tracy    

If he still had ANY alcohol in his system after 5 HOURS, he was drunk at the time of his arrest.

356 days ago
Previous 15 Comments | 1 | 2

Around The Web