Police have charged Rep. Ben Harbin, R-Evans, of driving while under the influence after he clipped a utility pole in downtown Atlanta at about 1 a.m. Sunday morning. According to Officer Eric Schwartz, a spokesman with the Atlanta Police Department, Harbin was alone in his car during the incident and was given a field of sobriety tests, but failed. However, Harbin did not take a Breathalyzer test at the scene according to Schwartz. Adding that Atlanta Police Department takes between three to five days before Rep. Harbin's post custody test results be made public.

Though not seriously injured in the incident, he was taken to a nearby hospital after the incident and then spent 6 hours at the Atlanta City Detention Center Sunday before being released on a $1,200 bond.

Rep. Harbin's House Republican colleagues chose to remain reticent Monday and were cautious to comment on what impacts the arrest would have on the veteran legislator's political career. Fellow Columbia County lawmaker, Rep. Barry Fleming, R-Harlem, said he had not spoken yet with Harbin. "I don't have the facts, and I'll probably reserve opinion until I know that," he said. Clelia Davis, spokeswoman for House Speaker Glenn Richardson, R-Hiram, also said she did not have details on the situation. "It is a personal and legal matter, and I do not have any further comment," she said.

Having the leadership position since 2005 as House Appropriations chairman, Harbin plays an important role in shaping state budget plans. He was instrumental in getting $575,000 in state funds set aside for the Georgia Golf Hall of Fame this session and $5 million for the Medical College of Georgia's dentistry school expansion. However, Gov. Sonny Perdue still has to sign off on next year's budget that includes the mentioned local projects, which the Gov. Perdue could eliminate with his line-item veto authority. The House voted to an override when the Governor vetoed the midyear adjustment to the current state budget as House leaders and Perdue feuded bitterly at the end of this year's legislative session.

Ralph Walker, a political science professor at Augusta State University.believes Rep. Harbin's arrest will unlikely have a long term negative effect on his career since he has steered clear of scandal since joining the Legislature in 1995. "Everybody's entitled to one mistake," states Walker. In contrast to the charges against the Representative, it is notable that Rep. Harbin voted for various bills that stiffen DUI penalties, including one to crack down on repeat offenders. Citing one, is his vote to drop the state's legal blood-alcohol limit from 0.10 percent to 0.08 in 2001.

In a similar case in 2005, former Rep. David Graves, R-Macon, resigned his chairmanship of a House committee after being charged two separate DUI cases. However, he raised eyebrows by initially trying to claim legislative immunity against his arrest because the General Assembly was in session but later dropped the argument and gave up his seat by deciding not to run for re-election after the incident.