If you have recently been pulled over and asked to perform field sobriety tests in Georgia, you may be feeling a lot of confusion and concern about what to do next. We understand how stressful this situation can be, especially with the weight of possible penalties and the unknowns that come with it. If you are dealing with the possibility of DUI penalties, rest assured that we are here to guide you through every step of the process. Our team knows how overwhelming it can be, but we will work with you to ensure you have the best chance for a favorable outcome.
Understanding Field Sobriety Tests in Georgia
When a police officer suspects that a driver is under the influence of alcohol or drugs, they may ask the driver to perform field sobriety tests. These tests are designed to measure a driver’s coordination, balance, and ability to follow instructions. They are often seen as a tool to help determine whether a driver is impaired. However, they can also be subjective, and many factors could affect the results, such as medical conditions, stress, or weather conditions.
In Georgia, you are not required to submit to field sobriety tests. While the law does require you to take a breath, blood, or urine test if you are arrested for DUI, field sobriety tests are voluntary. But, refusing to take them can lead to consequences. Many people are unsure of what happens when they choose to refuse these tests, and it’s important to understand the possible ramifications.
What Happens When You Refuse Field Sobriety Tests
Refusing to participate in field sobriety tests in Georgia doesn’t automatically lead to severe consequences, but it can have an impact on your case. Officers may still arrest you if they have probable cause to believe you are under the influence. Even without the results of field sobriety tests, other factors like the officer’s observations of your driving behavior or the smell of alcohol could be enough for an arrest. However, the absence of field sobriety test results can be beneficial in defending your case later on.
If you refuse the field sobriety tests, the officer may not have the physical evidence they were hoping to gather from those tests. However, refusing them doesn’t stop the officer from performing other actions like requesting a breathalyzer test at the station or taking you to the hospital for a blood test if they suspect impairment. In Georgia, refusal to take a breath, blood, or urine test after being arrested can lead to harsher penalties, including a longer driver’s license suspension.
He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments. Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive yearsGreg Willis has been successful at defending DUI cases (over 93% without a conviction)
Possible Penalties for Refusing Field Sobriety Tests
Refusing to take field sobriety tests does not carry an automatic penalty in Georgia, but it does carry potential risks. When you are pulled over for suspicion of DUI, officers may still arrest you based on their observations. This could include things like erratic driving, the smell of alcohol, or slurred speech. While refusing field sobriety tests does not carry the same penalties as refusing chemical tests after arrest, it can make the case more complicated.
One of the primary consequences of refusing field sobriety tests is that it can affect your defense. Prosecutors and police may interpret your refusal as a sign of guilt, but in reality, it is a right you have under Georgia law. However, the fact that you did not provide physical evidence from these tests may lead to a less straightforward case. The prosecution might attempt to present other forms of evidence to support their claim that you were driving under the influence.
How Does Refusal Affect Your DUI Case
When defending a DUI case, every piece of evidence matters. Refusing field sobriety tests could mean that the prosecution does not have physical proof of impairment based on the tests. This can help your defense attorney build a case around other evidence, such as the officer’s lack of clear cause to arrest you, your performance in other tests, or your ability to speak and act coherently.
Without the results of field sobriety tests, it may be harder for the prosecution to prove that you were impaired beyond a reasonable doubt. But this does not mean that you are free from consequences. If you were arrested and taken to the station for a chemical test, the results of that test can still be used against you. In these cases, it’s important to understand that the refusal of the chemical test carries its own set of penalties. While refusing field sobriety tests doesn’t carry immediate legal consequences, refusing a breath, blood, or urine test after arrest can lead to a mandatory driver’s license suspension and other penalties.
What You Should Do After Refusing Field Sobriety Tests
If you’ve refused to take field sobriety tests, the next steps will depend on your situation. First and foremost, it is important to stay calm and cooperate with law enforcement officers. If you were arrested, you will likely be taken to a police station or hospital for a chemical test. This is where you need to be mindful of your rights. In Georgia, refusal to take a chemical test after arrest can lead to serious consequences. If you were not arrested, you may still face DUI charges, but the absence of field sobriety test results could help your case.
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It’s also important to reach out to an attorney who can help you navigate the next steps in your case. An experienced DUI attorney will be able to advise you on how to handle the situation and what strategies might be the most effective in defending your rights. Whether you are facing DUI charges because of field sobriety tests or chemical tests, you need someone on your side who understands the complexities of Georgia DUI law.
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Let Us Help You with Your DUI Case
If you have refused field sobriety tests and are facing DUI charges in Georgia, the legal process may seem overwhelming. The team at Willis Law Firm is here to help guide you through this difficult time. We understand that you may be feeling confused, worried, or uncertain about what comes next. Our experienced team is dedicated to helping clients like you get the best possible outcome in their DUI cases.
Contact us today to discuss your case, and let us work together to ensure that your rights are protected throughout the process. With the right legal support, you can face your charges with confidence and hope for the best result possible.