In Atlanta and throughout Georgia, you have a right to refuse a breath test, a blood test, or a urine test. This right is protected in the Georgia Constitution, and the 4th Amendment to the United State Constitution. However, some elected judges have become more concerned with being re-elected than their duty to protect our constitutional rights. It is so important to know and fight for your rights these days.
A lot of political action groups are determined to crack down on Atlanta DUI Drivers. When a judge runs for another term, he/she will not dare be accused of being easy on those accused of DUI in Atlanta. So, it’s easy to simply ignore their duty to protect the rights of people accused of DUI because those people have no political influence. This is exasperated by the fact that judges in Georgia run for re-election every four years.
The result is as follows:
A person is suspected of DUI in Georgia
They either perform “voluntary” field sobriety tests or not.
They are arrested because the officer determines that in his opinion you are a less safe driver due to the consumption of alcohol or drugs.
The officer reads your implied consent warning, outlying what happens if you refuse testing. The consequences include loss of your drivers license and the use of the refusal against you at trial.
The arrested driver still decides to refuse because he decides he does not want to provide a sample of his breath or body fluids. (for whatever reason)
As a result, the driver will lose his license for 12 months and have the refusal used against him.
However, the arrest is not over. The arresting officer goes to a magistrate and secures a warrant to take the driver’s blood anyway.
So, the drivers gets the punishment for the refusal, yet still is forced to give a sample!
So, lets get this straight. A driver in Georgia will be strapped down and have blood forced from them. This will be done completely against their will. If they resist, they will be charged with obstruction, and they will still be strapped down and forced.
However, they are afraid of needles; too bad.
However, they they are a hemophilia and the blood draw would be dangerous; too bad.
However, they are being treated for a medical condition that would make a blood draw dangerous; too bad.
However, they change their mind and consent to testing; too bad its still a refusal anyway.
However, the driver believes in the 4th Amendment to the Constitution and feels they have a right to privacy; too bad – the government now has your blood or urine to do anything they want to do with it.
However, the driver is afraid, upset, scared, and paralyzed by the arrest experience and just doesn’t know what to do, too bad.
This is disgusting. This is the ends justifying the means. The State of Georgia will certainly get more convictions. Congratulations Georgia Judges ( including our appellate judges ). You have turned yourselves into State Enforcers, instead of protectors of the rights of the citizens of Atlanta Georgia. Congratulations, your intellectual dishonestly will more likely result in re-election. Congratulations, your have bowed to public opinion instead of following your oath to defend the rights of people accused of crimes in Georgia.
If you or someone you know has been arrested for an Atlanta DUI and has gone through this, you need representation right away. Contact the Howard Law Group ASAP so we can protect your rights.