DUI Testing in Georgia
Willis Law Firm: Proven DUI Attorneys in Atlanta
In Georgia, law enforcement officers use a number of tests and employ various instruments to determine the intoxication level of a driver. If you have been pulled over by an officer based on the suspicion of driving with a high blood alcohol content (BAC), a few methods may be used to determine your ability to safely drive.
The DUI attorneys at Willis Law Firm believe that it is essential to understand the various DUI testing methods in Georgia as an initial step to protect your rights. Without clear knowledge of the case, prosecution will likely have an advantage over you.
Have any questions regarding DUI testing? Receive the experienced and devoted representation of Willis Law Firm and contact the firm at your earliest convenience.
BAC and Impairment Testing in Georgia
Well-known for their awards and aggressive defense strategies, the lawyers at Willis Law Firm in Atlanta can help you better understand the different DUI tests used to determine BAC and impairment, including:
Among the field sobriety tests are:
Willis Law Firm can provide you with the necessary defense you need if you have refused to submit to a Breathalyzer test.
What Happens If I Refuse a Breath or Blood Test?
Once they sign for their driver's license, Georgia drivers have agreed to follow the state's implied consent law. Implied consent means that any driver that is stopped by law enforcement under suspicion of driving under the influence is agreeing to have a breath, blood, or urine test performed to determine their blood alcohol content. When a driver refuses to submit to these tests, they face immediate administrative actions by the Department of Motor Vehicles (DMV), whether or not they were found guilty of DUI.
Can refusing a BAC test help my case?
There are a few tests an officer may ask a driver to take if they are suspected of DUI. Field sobriety tests and breath tests performed before an arrest are not legally required, and drivers should politely refuse to take these tests. However, if an arrest has been made, an officer is required to inform a driver that a mandatory test will be administered to determine their BAC.
Should a driver refuse to take the test:
- First refusal: One year license suspension
- Second refusal: Three year license suspension
- Third refusal: Five year license suspension
Aside from the automatic suspension, further refusal can be used against the driver in criminal and civil court as an indicator of their guilt for driving under the influence.
The officer will immediately take away the driver's license and issue a driving permit. This permit gives the driver 30 days to challenge the suspension with the DMV. This suspension is different than the one given for those convicted of DUI, and will be administered whether or not the driver is found guilty.
A DUI defense attorney knows a number of methods that can be used to discredit the legitimacy of a breath test, so refusing the test is not usually recommended. While it prevents the prosecution from having solid evidence against the driver, refusal is usually taken as an automatic admission of guilt.
Willis Law Firm Can Win Your Case
Many defendants do not have the proper representation on their side to adequately resolve their DUI case and, as a result, they receive the maximum penalties associated with their charges. After being charged with drunk driving, it is important to obtain strong defense to protect your rights and freedoms.
During a free case assessment, the DUI attorney at the firm can closely assess your situation to determine whether or not any inaccuracies occurred when the tests were administered. It is essential to receive every available protection when you are charged with DUI based on the results of an intoxication test.
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