A DUI refusal case involves one where a detained driver refuses to take a breathalyzer test or perform VOLUNTARY field sobriety tests after a police officer makes these requests. Police officers can be very intimidating when asking you to blow into a breathalyzer, or they can be very subtle and polite. In Georgia, we recommend that you take the breathalyzer test, BUT refuse the field sobriety tests. When you are issued a Georgia driver’s license, you technically have agreed to an implied consent law, which means it is implied that if you are issued a GA driver’s license, you consent to having your BAC level checked by a breathalyzer. If you refuse to blow, you may be penalized with a suspended driver’s license for 1 year!
If you come up on a DUI checkpoint, you will probably be asked to submit to a breathalyzer test and some field sobriety tests if the officer detects the smell of alcohol or marijuana, or if you were driving erratically. If an officer asks you questions such as, “Where are you going?” or “Have you had anything to drink?”, you should politely refuse to answer. The only information you legally have to provide are your name, address, proof of insurance, and vehicle registration. You can even just slightly crack your window and slide your driver’s license to the officer.
You should REMAIN SILENT as much as you can. You must realize that it is the officer’s job to investigate you for impaired driving, so anything you say or do without a DUI lawyer present will be used against you in a court of law. Your every word and action are being recorded by the police car dashcam. If we are telling you this too late because you have already been arrested for DUI, your case can still be won by our veteran drunk driving lawyers. Pre-trial motions to exclude damaging police evidence will be filed, and state witnesses vigorously cross-examined. The State has a long way to go to get a DUI conviction – if one of our well-known DUI lawyers is sitting in court with you.
Call us and talk over DUI refusal with a top-reviewed DUI attorney who can be in court for you Monday morning. 844-832-6384 day or night