Filed Under: Refusing to Submit to a Georgia Breath, Blood, or Urine Test
Driving in Georgia means you maybe stopped by Law Enforcement at any time. Georgia Police or any Police Officer needs to have probable cause to pull you over. However, sometimes that can be a very gray area. If you have been stopped by a Georgia Police Officer who suspects you of DUI you may have to decide whether you should take the breathalyzer test or not. This can be a tricky decision and one made under stressful conditions. One side of the decision is that in a DUI case the breath test results are often the strongest piece of evidence against you if over the legal limit. As a result, you may choose to refuse the police officer’s breath, blood or urine test. That can potentially make the DUI case against you harder for the prosecutor to prove.
The Howard Law Group are aggressive litigators in the process and consequences of refusing to submit to a breath test. You do not have to suffer a 12 month suspension of your drivers license. You don’t have to face the prospect of losing your license and going to jail. Once the 10 day letter is filed, your Atlanta DUI Lawyer will have time to investigate your case to see if the arresting officer followed all the correct procedures when you were arrested. If those procedures were not followed, then the refusal itself can be thrown out of court, thereby saving you from the 12 month license suspension. In addition, the arresting officer may have violated the Georgia Implied Consent Law. There are defenses at your Georgia ALS Hearing. It is not hopeless.
Review the full wording of the Georgia Implied Consent Warning to see if your rights have been violated:
Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse the testing your Georgia driver’s license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more, your Georgia driver’s license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?
If you or someone you know has been arrested for an Georgia DUI? AND have refused to take a Blood or Urine sample, you need a Georgia DUI Lawyer right away.