Georgia DUI Attorneys

Refusing Breath and Blood Testing Atlanta Atlanta DUI Defense Lawyers

Filed Under: Refusing to Submit to a Atlanta Breath, Blood, or Urine Test

Driving in Georgia means you maybe stopped by Law Enforcement at any time. Atlanta 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 Atlanta 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 Atlanta DUI? AND have refused to take a Blood or Urine sample, you need a Atlanta DUI Lawyer right away.