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 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 The Law Offices Of Andrew Lynch.
Critical Information for a DUI case
A DUI, or “Driving Under the Influence” of drugs or alcohol, is a very serious offense. If you have been pulled over and arrested for this particular crime, DUI crush lawyers Decatur, GA recommend that you be aware of a few critical pieces of information.
- Once arrested for a DUI, you have limited time to request a hearing with the Georgia DMV.
- You need to obtain a copy of your police report and then thoroughly read it.
- Most importantly, it is essential that you know your rights after an arrest for DUI.
- Learn about your different options from The Law Offices Of Andrew Lynch lawyers so that you can make an informed decision regarding resolution of your DUI case.
Understanding the Legal Process
After a serious car crash, DUI crash lawyers at The Law Offices Of Andrew Lynch will explain your options and help you understand the legal process, including the ways we can use evidence from the criminal DUI arrest and trial to your benefit in civil court. While the police report on your accident may reveal the drunk driver’s blood alcohol content (BAC) at the time of the accident, it won’t reveal the DUI offender’s history. That history comes to light during the criminal trial. By waiting for the criminal trial to conclude before agreeing to compensation, you may find that you are entitled to more damages than you would have been offered before the trial.
After a crash in Georgia, a drunk driving victim may sue for the following damages:
- Medical expenses
- Property damage
- Loss of income
- Pain and suffering
- Wrongful death
A prior offender may be ordered to pay higher damages, which is why, as your lawyer, The Law Offices Of Andrew Lynch will advise you to wait until the criminal trial has concluded. In addition, the criminal court judge may order the defendant to pay punitive damages to the victim that are separate from and in addition to the damages claimed in a civil trial. Punitive damages may be awarded to you even if you are not injured in the accident.
Underage DUI Charges
DUI cases for individuals under the age of 21 can be far stricter. While it normally takes a blood alcohol content of 0.08 for a DUI charge, if the driver is under 21 and legally barred from consuming alcohol, police only need to find a BAC of 0.02.
Minors caught driving under the influence in Georgia are tried as adults, which means they’re facing the same penalties as someone over the age of 21. This can include revocation of driving privileges, immobilization of a vehicle, and even prison time.
Avoiding a DUI conviction as a minor is especially important, given the impact such a charge could have on the young person’s life. A serious blemish on a criminal record can hurt a minor’s chances at being accepted into college and have a substantial impact on their ability to secure employment or housing.
DUI and Your Career
A DUI conviction can substantially impact your current job and career opportunities in the future. Some industries, companies, and government positions have zero tolerance for DUI convictions. If your job requires a professional license such as a commercial driver’s license, it is critical for you to obtain representation from our experienced DUI crash Lawyers in Dekalb County GA .
When arrested for a DUI in Atlanta, GA, your first priority should be to ask for a DUI crash Lawyer. Anything you say can and will be used against you.
You may be feeling powerless after a drunk driver turned your life upside down. Our goal at The Law Offices Of Andrew Lynch – Attorney At Law is to empower you to make decisions in your case that will benefit you for many years to come.