Recent Changes in Georgia DUI Testing Laws You Should Know

If you’re facing a DUI charge in Georgia, it’s normal to feel confused and worried about what lies ahead. Navigating DUI laws can be overwhelming, especially with recent changes in testing procedures that could impact your case. It’s important to understand these changes to make informed decisions about your defense. At our firm, we understand what you’re going through, and we’re here to provide you with the guidance and support you need during this challenging time.

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Understanding the DUI Testing Process in Georgia

When you are stopped under suspicion of driving under the influence in Georgia, you may be asked to submit to various tests. These tests include breath, blood, and urine tests. The results from these tests are crucial evidence that could either help or hurt your case. Recent changes in Georgia DUI testing laws have made it even more important to understand how these tests work and your rights when it comes to them.

Previously, Georgia law required drivers to comply with testing when an officer had reasonable suspicion that they were driving under the influence. However, new legal updates have made the testing process and requirements more complicated, which is why it’s essential to have an attorney who is familiar with these changes.

Recent Changes in DUI Testing Laws

One significant change in Georgia’s DUI testing laws involves how consent for testing is handled. Before, refusing to take a breath, blood, or urine test could lead to an automatic one-year suspension of your driver’s license. However, recent revisions have adjusted this process, particularly concerning the consequences of refusing testing and the protocols for collecting evidence.

Greg Willis has been successful at defending DUI cases (over 93% without a conviction)

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

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Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive years

 

Another change relates to how tests are administered. For example, the use of portable breath tests, or PBTs, has been a point of contention in Georgia. These tests are often used by officers to determine whether there is probable cause for a DUI arrest. Under the revised laws, the results from these portable tests cannot be used in court as evidence of intoxication. However, if you refuse to take the PBT or any other test, there can be significant consequences, such as a longer license suspension.

Additionally, recent updates have focused on the accuracy and reliability of DUI testing methods. Advances in technology have led to stricter standards for administering blood tests and breath tests. The new regulations now ensure that testing equipment is properly calibrated and maintained to prevent errors or false results. If the equipment is not maintained properly, it can result in inaccurate readings, which may impact the outcome of your case.

Implications of Refusing DUI Testing in Georgia

One of the most important things to understand is the law surrounding refusal to take a DUI test. In Georgia, you are required to submit to a chemical test (breath, blood, or urine) if an officer requests it. Refusing to take the test results in an automatic driver’s license suspension, which can be a critical issue in your case.

Before the recent changes in the law, drivers who refused testing faced an automatic one-year license suspension without the possibility of a hearing to contest the suspension. However, the new law has introduced some flexibility in this area. Drivers who refuse testing now have the option to request a hearing within 30 days of the suspension. This hearing provides an opportunity to challenge the suspension and possibly have it reduced or reversed.

It’s crucial to understand that while you may have the right to refuse a DUI test, the consequences of doing so can still be significant. The law makes it clear that refusal can be used as evidence of guilt in court, and prosecutors may argue that your refusal indicates a consciousness of guilt. As a result, refusing a test might not be the best strategy in every situation. In many cases, the best approach is to take the test and work with an attorney to challenge the results in court.

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Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case."

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Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way."

- Anonymous

New Laws Impacting Breathalyzer Testing in Georgia

One of the most significant updates to DUI testing laws in Georgia revolves around breathalyzer tests. The state has implemented new procedures and protocols for administering breath tests, particularly with regard to the use of the Intoxilyzer 9000, which is the primary breathalyzer device used by law enforcement in Georgia.

The new regulations have made it more difficult for officers to administer these tests improperly. Law enforcement officers are now required to ensure that the breathalyzer device is calibrated correctly before every test and that the individual administering the test is properly trained. If the device is not calibrated or maintained according to the law’s new standards, the results from the breathalyzer test could be deemed inadmissible in court. This change benefits those facing DUI charges because it provides an additional opportunity to challenge the accuracy of the test results.

What You Need to Know About Blood Tests in DUI Cases

Another key change involves blood tests, which are often used in more serious DUI cases where the driver has been involved in an accident or has shown signs of impairment. While blood tests have always been considered the most reliable form of DUI testing, recent laws have introduced additional safeguards to ensure that these tests are handled appropriately.

Under the new laws, blood samples must now be collected in a way that minimizes the risk of contamination or improper handling. For instance, law enforcement officers must follow strict guidelines for storing and transporting blood samples to prevent tampering. If the blood sample is mishandled in any way, it may not be admissible as evidence in court.

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Furthermore, the law now requires that blood test results be available within a certain time frame. This helps ensure that the evidence used in your case is as accurate and timely as possible. If the results are delayed or improperly handled, it could benefit your defense strategy.

Your Rights During a DUI Stop and Testing

Even with these changes, it’s essential to know your rights during a DUI stop. Officers in Georgia must have a valid reason for stopping you, and they must follow the proper legal procedures when asking for a DUI test. If the officer does not have probable cause or does not follow the correct procedures when requesting a test, the evidence they collect could be thrown out of court.

If you are asked to take a DUI test, you also have the right to ask for an attorney. While you may not be able to speak with an attorney before submitting to the test, you can request legal counsel after the test is completed. Having a lawyer by your side can make a significant difference in how your case proceeds, especially when challenging the results of DUI tests.

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How We Can Help You With Your DUI Case

Facing a DUI charge in Georgia can be stressful and confusing, but it’s important to know that you don’t have to navigate this situation alone. The recent changes in DUI testing laws can make the process even more complicated, but with the right legal representation, you can have confidence in your case.

At our firm, we are committed to providing you with the support and legal expertise you need. Our team is here to help you understand how the changes in DUI testing laws may affect your case and to work with you to develop a strategy that gives you the best chance of success.

If you are facing DUI charges in Georgia, don’t hesitate to reach out to us for a consultation. We will carefully review the details of your case, explain your options, and provide the strong defense you deserve.