Posted by duijim in on March 20, 2023
If you have been arrested for driving under the influence in Georgia, it is essential that you secure legal counsel from an experienced and knowledgeable DUI defense attorney. Even first offense DUI convictions carry severe consequences.
The DUI process can be highly intricate, and an experienced Atlanta DUI lawyer knows how to effectively manage your case. Unfortunately, many people become overwhelmed with the stress of arrest and neglect important filing deadlines.
Refusal to Take the Breath Test
Refusing to take the breath test is a serious matter that has legal repercussions for any driver arrested for DUI. In many states, refusing to submit to a BAC test can result in fines and even suspension of your license.
Retaining an Atlanta DUI attorney is your best bet for avoiding the severe repercussions that follow a denied charge. A lawyer can assist in formulating the correct strategy for your case and representing you at all court appearances if needed.
If you are charged with DUI in Georgia, it is critical that you retain a knowledgeable and aggressive Atlanta DUI Defense Attorney. DUIs carry severe penalties that can have life-altering repercussions.
Georgia law emphasizes that driving is a privilege and not an entitlement. Therefore, drivers in Georgia are presumed to have impliedly agreed to take a blood alcohol content (BAC) test in exchange for receiving their driver’s license.
However, it is essential to remember that refusing a breath test does not automatically constitute a violation of your Fifth Amendment rights against self-incrimination. Instead, the prosecution can use your refusal as evidence of guilt during trial.
As you can see, refusing a breath test is an important decision that requires thoughtful consideration. Doing so could have serious repercussions if the test yields an abnormally high result such as a BAC of.08 or higher.
Testing the breath is an integral component of any Atlanta DUI Defense strategy, as its results can often serve as crucial evidence in court.
Refusal to Take the Blood Test
The blood test is one of the most precise chemical tests that can be used to accurately determine a driver’s BAC level. Unfortunately, like breath tests, blood results can be affected by various factors; police may use an inaccurate method or malfunctioning machine and not store or administer samples properly.
Georgia law requires you to submit to a blood, breath or urine test if arrested for DUI. Refusing these tests could result in increased penalties.
Blood tests are often the most significant evidence in a DUI case. While breath tests can indicate your level of intoxication at the time of arrest, blood results provide more precise details and provide more context.
In a DUI case, the prosecutor will use test results to prove you were driving under the influence at the time of arrest. They may also rely on other evidence like field sobriety tests and other affidavits for support.
If the officer failed to adequately inform you of your implied consent rights, or provided inaccurate or misleading advice about your right to request an independent test, they could have violated constitutional rights and caused a miscarriage of justice. A DUI lawyer in Atlanta can help challenge the legality of your arrest and safeguard your rights during trial.
Your initial court date will likely be a status hearing, which takes place within 14 days after arrest. At this hearing, the judge will inquire as to whether you’ve retained counsel and if the prosecutor has provided discovery to you. Although you are free to attend without legal representation if desired, most attorneys in Atlanta recommend that an experienced DUI lawyer represent you during this crucial stage.
Refusal to Take the Urine Test
Refusing to take a urine test is an increasingly common charge that can have serious repercussions for drivers accused of DUI. Urine tests are more invasive than breath or blood samples and have stringent regulations regarding how they may be used in court.
Refusing to provide a urine sample can be complicated due to the many variables involved. The collection site, doctor or medical professional who administered the test, and Medical Review Officer (MRO) all play roles in determining whether you provided or refused your specimen.
If you are facing charges of refusing to submit to a urine test, it is essential that you seek legal counsel from an Atlanta DUI attorney. A strong defense can help keep your license suspended and other consequences at bay.
Refusal to take a blood, breath or urine test can result in an initial DUI conviction and could carry with it jail time, fines and the installation of an ignition interlock device on your car.
Within 60 days of your arrest, you must appear for a 1st appearance hearing at City of Atlanta Municipal Court. The prosecutor will set a final plea date for the case; if the defendant cannot settle their charges with them within that timeframe, they can request that it be transferred to State Court of Fulton County.
Failure to appear in City of Atlanta Municipal Court can result in a DUI charge being placed into “failure to appear” status. Once found guilty, their license will be suspended for up to 12 months and the charge considered a misdemeanor. With the assistance of an experienced DUI attorney, however, you may be able to challenge this license suspension through formal review hearing with DMV officials.
Refusal to Take the Field Sobriety Test
The field sobriety test is an integral component of any DUI investigation. These tests are developed by the National Highway Safety Traffic Administration (NHTSA) to help police officers determine whether a driver has a blood alcohol concentration higher than the legal limit.
Though these tests can identify drunken drivers in two-thirds to three-fourths of all DUI cases, they may still be inaccurate and fail to accurately reflect a person’s level of intoxication. This is often due to factors like nervousness, medication taken, and preexisting balance issues.
Recently, the Georgia Supreme Court held that declining to take field sobriety tests cannot be used against you as evidence at trial. This decision extends the protections against being forced to perform these exercises that were originally granted in Woods v. State and Bradberry cases.
An experienced Atlanta DUI defense attorney will know how to challenge a field sobriety test and the evidence it generates. This is especially critical because in Georgia it is against your constitutional rights to be made to take such tests.
Many people are unaware that they have the right to decline taking roadside field sobriety tests even if an officer informs them it is mandatory. This can make all the difference when defending against an Atlanta DUI charge and eliminate evidence collected due to a mistaken belief that you had given consent for chemical testing.
If you have been arrested for DUI in Atlanta, it is wise to speak with an experienced Atlanta DUI defense lawyer immediately. Doing so will guarantee your rights are safeguarded and all options explored before entering into a guilty plea at your initial appearance.
Refusal to Take the Ignition Interlock Device
Georgia DUI laws are strict and can carry severe consequences for a conviction, particularly if you’re charged with a second offense within five years of your first arrest. These can include an extensive license suspension, fines, jail time and insurance costs that can have a major impact on your life.
If you are arrested in Georgia for a DUI, it is essential that you contact an experienced attorney immediately. Doing so will guarantee your best defense begins as soon as possible.
Atlanta DUI defense lawyers can mount a strong factual defense for you in court. Facts such as the quality of the breath test or blood test administered by your arresting officer, the accuracy of the device used to measure BAC levels, medical conditions or medications which may have contributed to the charge of driving under influence.
These are all critical issues that need to be thoroughly assessed by an experienced attorney in order to guarantee the State does not make a mistake or fails to present evidence correctly in your DUI case. A lawyer experienced in defending DUI cases will be able to articulate these arguments effectively and present them to the trial court, whether it be Municipal Court or Fulton County State Court.
If you have been charged with DUI in Atlanta, it is imperative that you speak with an experienced attorney right away. Doing so will give you insight into your rights and help ensure the correct decision is made.