A Dallas, Georgia man who was given a reprieve by a Chattooga County Sheriff’s Office deputy after reporting an assault and testing positive for alcohol was arrested for DUI less than two hours later after being observed driving.

Zachary Donald Kinard, 25, was taken into custody early Sunday morning, September 14, 2025, on charges including DUI-Alcohol (Misdemeanor), No Insurance, and Open Container.

According to a report from the Chattooga County Sheriff’s Office, the incident began around 12:55 AM  when the officer responded to the Shell Gas Station at 12606 Highway 27. A deputy met with Kinard, who was in a black Ford Escape, to report an alleged physical assault by his female roommate and her brother over a beer can. Kinard claimed his roommate struck him multiple times with a broom handle, prompting him to leave the residence for his safety.

While speaking with Kinard, the deputy detected the odor of alcohol on his breath. Kinard admitted to consuming “several beers several hours prior.” A Portable Alco-Sensor test administered at the scene indicated a blood alcohol content (BAC) of .115.

Despite the positive alcohol test, the deputy noted in the report that he did not pursue a potential DUI charge at that time, stating, “due to the fact he left a violent situation for his own safety I was not going to push the issue for a potential DUI related charge also I never witnessed him driving his vehicle.” Kinard was advised to remain at the gas station for several hours before continuing his travels back to Dallas, Georgia, to which he reportedly agreed. Cpl. Fielding then returned to service.

However, the situation quickly escalated. At approximately 2:31 AM, less than an hour later, the same deputy was traveling north on Highway 27 near the Shell Gas Station when he observed Kinard leaving the station and heading south on Highway 27. The officer initiated a traffic stop, which concluded in the parking lot of Jack’s restaurant off Farrar Drive.

Upon contact, Kinard was “very apologetic,” stating he “needed to get home so he could go to work the next morning.” Cpl. Fielding then initiated a DUI investigation. Kinard reportedly agreed to perform a series of Standardized Field Sobriety Tests.

Following the field sobriety tests, another Portable Alco-Sensor test was administered, showing Kinard’s BAC at .085, which is above the legal limit in Georgia. Kinard was then placed under arrest.

Once in custody, Kinard was read the Georgia Implied Consent Notice for DUI suspects 21 and over, but he refused a state-administered chemical test of his blood. His vehicle was secured and locked in the Jack’s parking lot.

Kinard was transported to the Chattooga County Jail without incident and was also served with an Administrative License Suspension (ALS) form (DDS 1205) due to his refusal of the state chemical test. The entire incident was captured on both the officer’s Body Worn Camera (BWC) and on-board DashCam.

Kinard is now facing multiple charges following his arrest.