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Any person charged with DUI in Georgia is likely going through an overwhelming experience after bonding out, retrieving their car from towing and dealing with family, work and work issues simultaneously. Missing key filing deadlines or hearing dates is common.
An experienced DUI lawyer may be able to successfully reverse an administrative license suspension (ALS suspension). They do this by either having your case dismissed at trial or reduced to reckless driving (if eligible) so as to remove the 12-month license suspension from your record.
Refusal to Take a Blood or Breath Test
Under federal and state laws, it is illegal to operate a motor vehicle while under the influence of alcohol or drugs. While legal terms for this offense vary between states, driving under the influence (DUI) is usually an offense committed when operating under influence is detected by law enforcement officials. Police can arrest drivers for this crime if they believe their blood alcohol concentration (BAC) levels exceed 0.08; most states expect their drivers to submit to chemical tests when requested by officers but you have the option to refuse such tests as well.
Blood or breath tests can have an enormous impact on the outcome of your case. Each type has its own challenges that may lead to inaccurate results; having been charged with DUI could have serious ramifications on both your personal life and career; make sure your criminal defense attorney investigates how samples were obtained and tested thoroughly before making their recommendation.
Apart from blood and breath tests, police officers may request urine samples from drivers following an accident or when the officer suspects them of being under the influence of other substances. Such urine tests typically occur after an incident has taken place or upon reasonable suspicion that there may be illegal substance present in their system.
Officers usually ask for urine samples if there are reasonable suspicions that other intoxicants besides alcohol have been consumed, as it is against state law to drive under the influence of marijuana, prescription meds or other controlled substances.
Refusal to Take a Field Sobriety Test
Even while sipping on drinks to watch the Falcons take down the Patriots on Super Bowl Sunday, keep in mind that police will be out in force checking bars and restaurants for DUI suspects. Being charged with DUI can affect your driving privileges, insurance rates, and leave a permanent record that could hinder employment opportunities or home renting applications – so having an experienced criminal defense attorney on your side is vital in fighting these allegations.
Field sobriety tests like the walk-and-turn, one-leg stand and horizontal gaze nystagmus (HGN) tests may be administered during traffic stops or DUI checkpoints. Since these exams rely on “junk science,” it is generally best to politely decline them when asked by law enforcement officers.
Under Georgia’s implied consent law, refusing a breath or blood test will lead to an automatic driver’s license suspension. Therefore, it’s vital that you contact an experienced DUI Lawyer Atlanta who can challenge this suspension through an ALS hearing while fighting your case in court.
James Yeargan DUI attorneys possess extensive experience handling all manner of criminal cases – including DUIs – throughout Atlanta and Georgia. Additionally, we are adept at representing drivers at ALS hearings as well as appealing 30 day suspension letters to the Office of Administrative Hearings.
Refusal to Take a Breath Test at the Scene
At a traffic stop, when drivers refuse a breath test at the scene of arrest, this can have devastating legal repercussions. A DUI arrest can have lasting ramifications on their employment, car insurance premiums, social life and possibly license suspension or jail time depending on your conviction.
An experienced DUI defense attorney in Atlanta can challenge the results of field sobriety tests conducted improperly, or that performance on these exams was unrelated to one’s blood alcohol concentration level (BAC).
Roadside sobriety tests include tasks such as walking in a straight line, touching their nose with outstretched finger, or standing on one foot. An attorney experienced with Georgia DUI law can demonstrate that their client’s poor performance on such exams was caused by physical impairment, being overweight or uncoordinated, restrictive clothing worn over them or weather conditions.
Prosecution may request a search warrant to measure a driver’s blood alcohol concentration (BAC), however if your police officer did not inform you properly about your right to refuse a state administered blood or breath test and/or device used to measure your BAC was not calibrated or tested within the required period prior to DUI arrest, any evidence obtained through it may be excluded at trial.
Refusal to Take a Breath Test in Court
An arrest for DUI can have severe repercussions for your life and finances, from higher insurance premiums and requirement of an interlock device, jail time and high court fines, as well as social stigmatism. A good Atlanta DUI attorney will mount a vigorous defense to try to avoid conviction – this may cost more money up front, but consider this an investment into your future!
Refusing to take the test does not guarantee exoneration from DUI charges; police can still use evidence such as field sobriety tests and observations against you. But a good attorney may help highlight weaknesses in the prosecution’s case against you.
Our Atlanta DUI lawyers specialize in handling contested DUI cases. We recognize that prosecution of DUI crimes often relies on circumstantial evidence, while police officers may make errors during traffic stops. Our team of Atlanta DUI lawyers excels at challenging the legality of your arrest, examining evidence for weaknesses, and negotiating with prosecutors to reduce or dismiss charges altogether.
Our clients come from all walks of life and our firm proudly represents Atlanta residents, visitors, and out-of-state residents alike. Atlanta is a driver’s city; as a result police frequently target areas like Buckhead, Sandy Springs, Perimeter Mall, Downtown, East Cobb Duluth Marietta Alpharetta Roswell for DUI stops.
