Deputies from the Newton County Sheriff’s Department were responding to a call in the Crowell Road area when they noticed a silver Nissan Pathfinder come from the exit ramp of I-20 at exit 88 and quickly pass on the driver’s side of another vehicle in order to make a right turn onto Frontage Road at the intersection. The deputies also noted the Nissan’s driver had the headlights of the vehicle turned off and it was well into the evening, after 10:30 p.m.
Deputies activated their emergency equipment and began following the vehicle, which stopped without incident. The driver, identified as 41-year-old Herby Viel, reportedly reeked of alcohol and when asked if he had been drinking allegedly told deputies that he had consumed two glasses of wine, earlier in the evening. He then reportedly told the deputies he was a security officer for a hospital in New York City.
After stating he worked as a security officer, deputies asked Viel if he was armed and he allegedly told them he was. He was also asked if he knew why he had been stopped and he reportedly said that he did not. When told that deputies had seen him make an improper right turn after passed a vehicle on the driver’s side while exiting the interstate he allegedly told them he had not seen another vehicle and when told that his headlights were not on, he reportedly said “their not?”
When asked where he was coming from Viel seemed unsure and while speaking with him deputies allegedly picked up a strong slur in his voice. Viel also continued to repeat that he was an officer in New York City and, according to reports, would continue to repeat that bit of information throughout the interaction with deputies.
Viel reportedly agreed to field sobriety tests, but when exiting his vehicle he immediately placed his hand on the Nissan in order to steady himself, according to reports, and it was quickly determined that he was not fit to drive. Viel allegedly refused to give a breath sample but later, decided to submit to one, but before it could be done, Viel “began to vomit copious amounts of liquid and solid stomach content.” He was given time to recover and when he did submit a breath sample he reportedly blew 0.164.
Viel was arrested and transported to the Newton County Detention Center where he was charged with DUI, improper right turn, headlight on after sunset and driving with expired license.