What Happened to Your Right to Refuse?

admin — Mon, 01 Jul 2013 15:18:30 +0000

In Georgia, you have a right to refuse to take a State administered blood, breath or urine test. When you exercise this right, you put yourself at risk of being penalized in two ways. First, your license may be suspended for one year. The suspension is a “hard suspension”- meaning, you have no permit, whatsoever. Second, when you refuse to take the State test, the State may use your refusal against you at trial. The refusal is used as evidence that your test would show the presence of the pohibited substance- either alcohol or drugs.

The good news is; however, if you refuse to take the State test, there is no state test. A blood, breath or urine test is the strongest piece of evidence of DUI, if you are above the limit or have drugs in your system. Without that piece of evidence, the State must prove that you were less safe to drive. In many cases, this is a hard burden for the State.

The implied consent law in Georgia states that once a person refuses to take the State test, NO TEST SHALL BE GIVEN. Unbelievably, the implied consent law has become meaningless due to a conflicting law, which allows law enforcement to get a subpoena to force a blood draw.

Recently, Fox Atlanta news ran a story on this conflict in the law. http://www.myfoxatlanta.com/story/22706519/georgia-counties-seizing-dui-suspects-blood

While offensive and in derogation of your right to refuse, even a forced blood draw can be defended. While the average attorney says a blood test is more reliable than a breath test, that is not this office’s approach. We are trained and skilled in defending both blood and breath tests. Neither are foolproof testing. Both have weaknesses which can be used in your defense.

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Under 21 in the State of Georgia?

admin — Tue, 05 Jun 2012 16:37:04 +0000

If you are under 21, it does not take much to put you over the legal limit. We jokingly say that if you breathe in the smell of a beer or a glass of wine, then you’re probably over the limit!

In the State of Georgia, minors are treated differently. While the legal limit for “adults” is .08 grams of alcohol, minors only have to have a test of a .02 grams to be above the limit.

Not only are the per se limits different, but the license penalties are also more severe. When an “adult” is convicted of a first DUI offense, there is a conviction suspension of 120 days. During that time the “adult” can have a limited permit. HOWEVER, no such permit exists for minors, and the suspension is longer!

A minor convicted of a first DUI offense faces a 6 month driver’s license suspension if he/she submits to a test and registers at .02 grams or more. If the minor’s breath or blood test is .08 grams or more, his/her license will be suspended for 1 year!

Just because the limit is so low, does not mean that a minor or his/her attorney should negotiate a guilty plea to the DUI. On the contrary, these cases CAN and SHOULD be defended! There may be a number of problems with the case that could result in the case being negotiated to a lesser offense.

If you are under 21, do not make the mistake at going at this alone. Call a qualified DUI defense attorney to investigate and defend your case! School, jobs and future goals have been ruined for those who have chosen to not hire an attorney. And, sadly, they could have prevented their losses if they had just contacted the right attorney.

Call us today and we will be glad to evaluate your case! 478-741-0072. We have represented Mercer University students, law students and medical students, as well as students from UGA, Macon State, Georgia College and State University, Middle Georgia College, and numerous other in and out of state schools. We even represent Florida Gators and Auborn Tigers without additional surcharges! (Wink, Wink)

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