DUI Lawyer Decatur, GA
Have You Refused to Take a Breath Test in Decatur, GA?
In the state of Georgia, it is your right to refuse any test during a DUI arrest. As a DUI lawyer in Decatur, GA might explain to you, a breath, urine, or blood test might be administered to measure your blood alcohol content (BAC). If any of the results exceed the legal limit, you can be arrested on a suspicion of a DUI.
Contrary to what you might believe, all DUI tests are not necessarily accurate. Sadly, because many people don’t realize this, a faulty measurement or an improper procedure can result in a DUI charge – and even a conviction. It is important to know your legal rights and options when submitting or refusing a BAC test in Georgia.
If you would like to know how a BAC test can affect your case, please don’t delay in calling a DUI lawyer in Decatur, GA today.
Implied Consent Laws in Decatur, GA
Under the laws of Georgia, all individuals must submit to a BAC test if a law enforcement official has probable cause to suspect a person is under the influence while driving. This law is known as the Law of Implied Consent. It applies to every driver.
Under the law, you do have a right to refuse a BAC test. However, if you should do so, there will be consequences. Under the law, if you do not take a breath test, urine test, or blood test as requested by law enforcement, the following can result:
- Your First Offense – A loss of your driver’s license for one year
- Your Second Offense – A loss of your license for 3 years
- Your Third Offense – A loss of your license for 5 years
As soon as you refuse a BAC test, the arresting law enforcement officer can take away your license on the spot. A temporary permit is then issued. What is important to know is that this doesn’t mean your license has been suspended. As a DUI lawyer in Decatur, GA might tell you, a hearing can be scheduled with the Georgia Department of Driver Services. At this hearing you can appeal the suspension and protect your right to drive. It is recommended that you retain a lawyer before you attend your hearing.
Criminal Charges Can Still Apply
Even if you are successful at the hearing, you can still be charged with a DUI – although you refused the BAC test. The charges and license suspension are two completely separate cases. The penalties for a conviction might include fines and fees, jail time, probation, community service, and a permanent criminal record.
Should I Refuse a BAC Test in Georgia?
It is impossible to say what exactly you should do during a DUI stop and arrest. That said, no BAC test is considered to be an infallible indicator of your level of intoxication. In other words, it is possible to argue the results of a breath, urine, or blood test. Please know that no two people’s cases are exactly the same.
Our DUI lawyer in Decatur, GA will know how the prosecutor thinks and may be able to utilize this knowledge to build a defense that ultimately exposes a weakness in the case. Let us help you. Call the law offices of Andrew R. Lynch, P.C.