13WMAZ has learned a Bibb County Sheriff's captain was on the scene September 22, the night Superior Court Judge Howard Simms was given a handheld breathalyzer that registered at least 0.08. The legal limit in Georgia is 0.08.

Simms released a statement last week that admitted he was stopped by deputies and that he drove himself home after the sobriety test.

Sheriff Jerry Modena confirmed he is now in the process of reviewing an investigator's report regarding the encounter, given him Monday by Officer Anthony Moran.

Modena is likely to make a public statement after he determines if disciplinary action has to be taken.   

You can follow Kenny Burgamy on Twitter at @kburgamy.