Yes, you can refuse to take a roadside breathalyzer test without legal consequences, although once you refuse you might be arrested immediately.
You can also refuse to take the Intoxilyzer 9000 test once brought to the police station. However, such a refusal results in an administrative suspension of your driver’s license for 12 months., and the police must inform you that your license will be suspended if you refuse. Your Greene County DUI Lawyer must appeal this suspension by requesting an ALS Hearing within 30 days of arrest in order to challenge its imposition.
Your driver’s license will be administratively suspended for 12 months, and the prosecution will go forward with charging you with DUI based on police observations. A refusal to submit to a blood or urine test can be introduced at trial as evidence of guilt. A refusal to submit to a breath test cannot be used against you at trial.
Depending on the backlog, it might take 1-4 months to get a court date to begin a prosecution for DUI. There are no strict rules on how long these cases require to resolve. The factors to consider include:
What plea is entered—guilty, not guilty, or nolo contendre
The nature of the evidence in the case
The backlog of cases in the county
How the prosecution, and defense attorneys gather evidence, and present their cases
As a general rule, a not guilty plea will take longer to resolve than a plea of guilty.
Yes, having a prescription is not a defense to driving under the influence. Unlike alcohol, a conviction for drug impairment while driving does not require a specific amount of drugs to be present in blood or urine. Prosecution is based on police observation, and blood or urine test results. Although having a prescription might prevent prosecution for possession of dangerous drugs, it cannot prevent prosecution for driving in a less safe manner due to intoxication.
Georgia law, your driving privileges are conditioned upon an implied agreement to submit to breath, blood, or urine tests upon request by police. A refusal to take these tests is called a DUI Refusal, and can result in automatic suspension of your driver’s license. To appeal this automatic suspension, you must file a request for an ALS Hearing within 30 days of your arrest. That filing costs $150, a fee that must be paid at the time you file the appeal. Your right to drive depends on a timely appeal, so do not delay, and confer with an experienced DUI drug lawyer immediately.
Due to recent court rulings, a blood test is the most commonly requested test by law enforcement for most DUI arrests. A urine test will reveal drug consumption from many days, even weeks ago, way too distant to cause current driving impairment. A common urine test strip will detect marijuana, amphetamines, narcotics, and barbiturates that might no longer be active in your system. A urine sample sent to a laboratory will reveal even minute traces of drugs taken months ago. Blood samples do not detect drugs taken so far in the past. Both blood and urine test results can be challenged since they might not be evidence of current intoxication.
Unlike a straight DUI prosecution, in a DUI drug case there is no specific level of drug use that substantiates a charge of driving under the influence. Blood, and urine tests, given voluntarily or under compulsion of a warrant, only reveal the presence of drugs, not whether they are currently psychoactive.
Because a successful prosecution is based on the police officer’s subjective evaluation of the driver’s behaviors, and these imprecise tests, there are opportunities for an experienced Greene County DUI Lawyer to interject reasonable doubt into the prosecutor’s story. Because the consequences of a conviction are drastic—loss of driver’s license, fines, and possible jail time—you should consult with an experienced Georgia criminal defense attorney as soon as possible to secure your rights, and defenses.