Real Housewives of Atlanta star Kim Zolciak’s daughter Ariana Biermann was officially charged over her 2022 arrest for driving under the influence, In Touch can exclusively report.
According to court documents obtained by In Touch, the State of Georgia filed six misdemeanor counts against Ariana, 22, over her arrest on August 13, 2022.
The charges include driving under the influence of multiple substances, driving under the influence of alcohol, possession of drug related object due to her “unlawfully” possessing a vape pen with THC cartridge, improper turn, failure to obey signs or control devices and underage possession of alcohol.
Back in 2022, Ariana was taken in custody in Forsyth County and initially booked on three charges of driving under the influence, misdemeanor improper lane change and underage alcohol possession.
She was pulled over while driving after hitting another vehicle.
TMZ reported that Ariana was arrested with her boyfriend, Hudson McLeroy, who was in the car. The police report, obtained by TMZ, said Ariana told police she had not been drinking despite officers smelling alcohol on her breath. She allegedly told officers the smell could be from her clothes.
Ariana told officers that she smoked a THC vape pen “the night before” but had not drank alcohol before getting behind the wheel. Officers conducted a field sobriety test where they said Ariana had a “noticeable sway.”
Following her arrest, Ariana’s lawyer, Justin Spizman, said, “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.” Late last year, Ariana filed a motion to exclude all evidence gathered as a result of an “unlawful seizure.”
Her lawyer claimed that “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.”
Ariana’s lawyer said, “Specifically, [Ariana] committed no traffic violations prior to be detained by law enforcement.”
He added, “[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.”
Ariana’s attorney also asked that the court to suppress the results of any evidence of Ariana’s alleged refusal to submit to a chemical test in connection with the charges.
At the time, Kim defended her daughter.
She said 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.”
She added, “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.”
As In Touch first reported, Ariana’s sister Brielle Biermann is facing her own legal issues.
