Kim Zolciak‘s daughter, Ariana Biermann, is facing six misdemeanor charges stemming from her August 2022 DUI arrest.
Credit: Instagram
Two years after Ariana, now 22, was pulled over with boyfriend Hudson McLeroy after hitting another car, the former Don’t Be Tardy cast member has officially been charged by the State of Georgia.
According to court documents obtained by In Touch Weekly on August 19, the state filed six misdemeanor charges, including driving under the influence of multiple substances, driving under the influence of alcohol, an improper turn, failure to obey signs, underage possession of alcohol, and possession of a drug-related object — a vape pen with a THC cartridge.
As fans may recall, Ariana was initially booked on three charges, including driving under the influence, improper lane change, and underage possession of alcohol.
Although Ariana admitted to smoking a THC vape pen “the night before” her arrest, she denied she’d been drinking. Still, officers claimed to have smelled alcohol on her breath and noted that she had a “noticeable sway” during a field sobriety test.
After the arrest, Ariana’s lawyer, Justin Spizman, released a statement.
“Ariana was involved in a minor fender bender. When police arrived on scene, the investigating officer immediately initiated an investigation for DUI. Despite Ariana’s constant invocation that she was upset and anxious from the minor accident, the officer incorrectly concluded she was impaired by alcohol. That was not the case. She wholly denies these allegations and intends to fight these charges because she is not guilty of them,” the attorney stated.
In 2023, Ariana filed a motion to ban the evidence obtained during her arrest, claiming it was done amid an “unlawful seizure,” and to deny the court any evidence of her refusing to participate in a chemical test.
“At the time of [Ariana’s] initial detention … sufficient facts did not exist to support even an articulable suspicion that [Ariana] was under the influence of alcohol or drugs, or that any other criminal activity was underfoot,” her lawyer explained. “Specifically, [Ariana] committed no traffic violations prior to be detained by law enforcement.”
“[Ariana] further shows that this initial detention was an unlawful warrantless seizure, not supported by probable cause or articulable suspicion, violating [Ariana’s] rights under the Fourth Amendment to the Constitution of the United States,” he added.
Also after Ariana’s arrest, Kim, formerly of The Real Housewives of Atlanta, defended her on social media.
“Since she was being cooperative and honest, she admitted to consuming marijuana the day before, meaning over 24 hours prior to her contact with the law,” Kim wrote on Instagram. “In addition, the arresting officer, as evidenced by his own police report, charged Ariana with impairment by alcohol. She wholly denies these allegations and intends to fight these charges because she is not guilty of them.”
