Marvin Rubio

Name:
Rubio, Marvin Issac

Date of Booking:
09/19/2026

Reason(s) For Booking:
Obstructing an Intersection

Open Container Violation Beer/Ale/Porter/Stout/Other Similar Beverages

DUI-Driving Under the Influence of Alcohol-Concentration 0.08g or more w/in 3 hrs

Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]

On Saturday, September 19, 2026, at approximately 2146 hours, I was on routine patrol in the area of North Broad Street and West Athens Street, Winder, Georgia 30680. I observed a black Ford F250 (Georgia Tag: [REDACTED]) in front of me traveling southbound on North Broad Street, entering the intersection of North Broad Street and West Athens Street, and then coming to a complete stop due to the southbound light being red. The vehicle appeared to be slowing down prior to entering the intersection, but did not stop before or at the stop bar and was past the crosswalk for the intersection. The vehicle was blocking the westbound lane of travel on Athens Street. A vehicle traveling westbound from East Athens Street to West Athens Street had to drive around the Ford F250 to cross the intersection.

Once the light turned green, I activated my emergency lights and siren to initiate a traffic stop on the Ford F250. The vehicle passed several empty parking stalls on North Broad Street, passed Porter Street, and finally yielded to my emergency equipment south of the railroad tracks, turning into the McDonald’s parking lot at 8 North Broad Street, Winder, Georgia 30680. When the vehicle pulled into the parking stall at McDonald’s, the rear passenger-side tire was in a different parking stall than the rest of the vehicle.

I made contact with the driver, introduced myself, and explained that the reason for the stop was the obstruction of the intersection. The driver stated, ” Oh, okay”. I then asked the driver if he had his driver’s license on him, to which he stated, “I do”, and began to get it. In the meantime, I asked the driver where he was coming from and where he was going. The driver stated he was coming from “close by” and was headed “home”. I then asked the driver where home was, and he slurred, saying “[100 BLOCK] 2nd Street”. While speaking with the driver, I noticed a strong odor of an alcoholic beverage emitting from the vehicle and from the driver’s breath when he spoke. I returned to my patrol car, where I ran the vehicle and driver through GCIC/NCIC; they both came back valid and with no wants. The driver was identified as Mr. Marvin Rubio. I requested a second unit to the scene.

I returned to Rubio and the vehicle where I requested him to step out of the truck. Rubio complied but moved slowly and methodically. Rubio walked with his hands up for the majority of the walk to my car, even after being told he could put his hands down. Rubio was frisked for weapons when he got out; none were felt.

Once getting to the front bumper of my patrol vehicle, I asked Rubio if he had anything to drink tonight; he stated, “No, sir”. I then asked if he would be willing to run through some field sobriety tests to make sure he was okay. Rubio agreed.

I began by checking that Rubio had no head injuries or other injuries. Rubio advised he did not. I then explained the Horizontal Gaze Nystagmus test to Rubio. I checked for resting nystagmus; none was seen. I then checked for equal tracking in the eyes. The eyes tracked equally. I then checked for lack of smooth pursuit in the eyes, which I observed in both eyes. I then checked for distinct and sustained nystagmus at maximum deviation. It was observed in both eyes. I then checked for onset of nystagmus prior to 45 degrees, which was also observed in both eyes. I checked for vertical nystagmus, which was not observed at this time. I observed 6 of 6 clues during the horizontal gaze nystagmus test.

I then explained and demonstrated the walk and turn test. Rubio had difficulties getting to the instructional position. I had to demonstrate putting his foot on the line for him. Rubio attempted to start before I told him to. During the walking phase of the test, I observed several heel-to-toe misses, Rubio stepping off the line, and he used his arms for balance, approximately 6 inches away from his body. We used a solid white line in the parking lot as the line. During the walk and turn test, I observed 4 of 8 clues.

I then explained and demonstrated the one-leg stand. During the one-leg stand test, I observed Rubio put his foot down multiple times, swaying, and using his arms for balance. I observed 3 of 4 clues for the one-leg stand test.

I then got my department-issued portable breath test and explained to Rubio how I needed him to blow into it. Rubio would not blow on the first 2 attempts and finally blew on the third attempt. The reading came back as 0.162, indicating to me there was a positive reading for alcohol.

I then placed Rubio into properly fitted double-locked handcuffs behind his back and searched him incident to arrest for weapons, drugs, and means of escape. None were found. I advised him he was being placed under arrest for DUI. I then confirmed Rubio’s age of 22 with him. I then read him the Georgia Implied Consent Notice for Suspects age 21 or Over. I requested a breath test from Rubio; he shook his head in a yes motion, and I confirmed he was yes, to which I got a verbal “yes” from Rubio.

Cpl. Morris placed Rubio in the rear seat of my patrol car, where he was seat-belted in with a lap and shoulder belt.

I conducted a probable cause search of the vehicle, where I found a half-drunk Modelo beer in the driver’s door that was cold to the touch. I dumped the beer out in the parking lot and placed the empty bottle in the bed of the truck.

I requested a next-list tow company through dispatch. Dispatch advised #1 Tow was in route to retrieve the vehicle. Cpl. Morris completed the impound for the case and stood by with the truck until #1 arrived to retrieve the truck.

I then transported Rubio to the Barrow County Detention Center, where I administered a breath test using the Intoxilyzer 9000 after the jail staff searched him. I explained to Rubio that I needed him to blow into the tube as he did with the portable breath test. I obtained two breath samples from Rubio. The first was 0.188 and the second was 0.176. The measured Breath Alcohol Content (g/210L) was 0.176 (+/- 0.008). My certification for the Intoxilyzer 9000 expires 09/10/2027, and my permit # is 957016. The results of the breath test indicated to me that Rubio was over the per se limit for operating a motor vehicle. A copy of the results was attached to this report, placed in the log book, and given to jail staff to be given to Rubio upon release.

I completed a DDS form 1205 with the appropriate information and had Rubio sign it. I explained he would receive a copy of it when he is released.

The back seat of my patrol car was checked for weapons, drugs, and means of escape before and after transport.

I issued Rubio 3 citations:

DUI 1st Offense (WC83734)
Alcohol Open Container (WC83736)
Obstructing Intersection (WC83735)

[End of Narrative]