Experienced DUI Test Refusal Attorney
in Madison, Georgia
Georgia, like most states, offers drivers the privilege of using its roads and highways in exchange for your implied consent to submit to a breath, blood or urine test if pulled over on suspicion of driving under the influence.
When a driver refuses to take certain breath, blood, or urine tests, it is considered a DUI refusal. At that moment is imperative that you seek professional help of a Georgia DUI test refusal attorney.
What Is A DUI Test Refusal In Georgia?
Not all refusals count as a DUI refusal with legal consequences. However, know that any refusal to take a test roadside will most likely result in your arrest.
A refusal to submit to a variety of field sobriety tests does not constitute a DUI refusal. A field sobriety evaluation is voluntary. There are several types of field sobriety evaluations:
- Horizontal Gaze Nystagmus (HGN) Test
- Walk and Turn
- One-Leg Stand test
In addition, officers might ask you to recite the alphabet, stand with your feet close together while tipping your head skyward, count the number of fingers the officer has raised, close your eyes and touch a finger to your nose, or count backwards. These tests are quite subjective. Different officers interpret a driver’s performance differently.
This subjectivity undermines the accuracy of the test. Any number of factors can contribute to failing a field sobriety evaluation: an uneven pavement, the time of day, weather conditions, your health, poor vision or hearing, and poor balance. There are no legal consequences attaching to a refusal to perform field sobriety evaluations. However, the results of any field sobriety tests will be noted in the police report and can be used to justify arrest.
You can also refuse to take a roadside breath test using a handheld device, such as an Alco-sensor. The device only determines whether there is alcohol on your breath or not, not the extent of intoxication or impairment, if any. You may refuse to take this Alco-sensor test without legal penalty.
Lastly, you can refuse a roadside breathalyzer test, too. A breathalyzer attempts to measure the blood alcohol content in an individual’s system. It calculates the absorption rate of a beam of light that passes through the suspect’s breath which might contain alcohol molecules. The roadside breathalyzer is a very inaccurate way to measure blood alcohol content, as variations in the readings can result from deeper and longer exhalations.
Once at the Police Station, You Are Obligated to Submit to Testing
Once arrested and at the station, however, you cannot refuse to submit to an Intoxilyzer 9000 test, blood or urine tests without significant legal consequences. Upon this DUI refusal your driver’s license will be automatically suspended for 12 months.
To contest this administrative suspension, you must file a request for an ALS Hearing within 30 days of arrest, along with paying a $150 fee for the right to appeal. Note that a urine test or blood test is usually ordered if the arresting police officer suspects that you are driving under the influence of drugs rather than alcohol.
A warrant may be obtained for a blood or urine test if the driver refuses to give consent.
A refusal to submit to a blood or urine test can also result in that refusal being admitted into evidence against you during any subsequent trial on DUI charges.
In the heat of the traffic stop, when police might be aggressive and you might not be thinking straight, it might seem appropriate to refuse to voluntarily provide the State with evidence of intoxication by submitting to any tests.
The sooner you hire a skilled and experienced DUI refusal attorney, the sooner you will be able to preserve your rights and defenses to these DUI refusal charges. When you hire Michael Fulcher Law, our Georgia DUI refusal attorney, you hire a former prosecutor who knows the police, prosecutors, and judges in Morgan County and the surrounding counties, an essential qualification to fair and effective representation in defending you.
Did You Refuse to Take a Georgia Intoxilyzer, Blood Test, or Urine Test?
When asked to submit to an Intoxilyzer 9000, blood, or urine test at the police station or hospital, drivers need to make quick decisions under pressure. Submitting to any of these tests might mean providing the prosecution with the strongest evidence of DUI. In Georgia, a 0.08 blood alcohol reading for drivers over the age of 21 and 0.02 blood alcohol reading for drivers under 21 is a per se DUI offense. Without this direct evidence, the prosecution has a weaker case against you.
However, refusing to take some of these tests also has immediate consequences: 12- month driver’s license suspension. To contest this administrative suspension, you must file a request for an ALS Hearing within 30 days of arrest, along with paying a $150 fee for the right to appeal.
When pulled over, the police are obligated to explain the consequences of your refusal to take a breath, blood, or urine test to determine sobriety. They must read these instructions to the offending driver, with variations based on age of the driver and whether the driver was operating under a commercial driver’s license.
If any such notice is used by a law enforcement officer to advise a person of his or her rights regarding the administration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section and under Code Section 40-6-392 and the results of any chemical test, or the refusal to submit to a test of such person’s blood or urine, shall be admitted into evidence against such person. Such notice shall be read in its entirety but need not be read exactly so long as the substance of the notice remains unchanged.
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When you need a lawyer after being charged with a DUI or criminal offense or as you explore your options for filing a personal injury claim, look no further than Michael Fulcher Law’s impressive background, and ultra-attentive client service. To learn more about how we can help you achieve the best legal solution possible for your circumstances, call our criminal defense law firm at (706) 438-1555 or contact us online, and schedule your free consultation today.
Contact a skilled Georgia DUI Refusal attorney
If you have been charged with a DUI in the middle Georgia area, including Morgan County, contact Michael Fulcher Law for a free consultation and case assessment. With over 17 years of experience as a prosecutor, public defender and criminal defense attorney, Michael knows criminal law and all of the players in Morgan County and the surrounding areas. If you wait until your court date, you may have already forfeited some of your important rights and driving privileges in the State of Georgia. Don’t wait, call (706) 438-1555 or contact us online today to schedule a free consultation.
“Mr. Fulcher has been tremendously helpful with my case. Since hiring him he has consistently returned my calls as quickly as he can. We discussed an ideal outcome, and I set about doing exactly as he said. Following his advice we were able to get a very favorable outcome. He is always quick to answer any questions, and has stayed very engaged with me throughout this ordeal. Michael provides excellent counsel, and I would recommend him to anyone!”