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.