The state of Georgia allows for a chemical test be administered to any
driver who is suspected to be driving under the influence of drugs or
alcohol. Typically, the chemical test will be administered by the law
enforcement officer who made the initial stop, and it will be used to
assess whether or not the suspect was, in fact, driving under the influence
of drugs, alcohol, or even a combination of the two.
A driver's breath, blood, and urine can all be examined in a chemical
test; however, the method that is used can vary depending on the situation
at hand. For example, if the law enforcement officer suspects impairment
from alcohol, then he or she will likely administer a
breath test to determine intoxication. If the law enforcement officer suspects impairment
from drugs, then he or she may be more likely to administer a blood test
for assessment of intoxicated driving.
At the time that a suspect is asked to submit to any type of chemical test
for the purpose of determining his or level of intoxication there is always
the opportunity to refuse such an assessment. Doing so, however, can result
in serious consequences for the driver. Any
DUI suspect who refuses to submit to a state-administered chemical test could
be issued a "hard suspension of driver's license," which
is a one-year driver's license suspension without permitted allowances
for driving to and from work, school, church, doctor's appointments, etc.
Only an administrative hearing that is scheduled within ten business days
from the time that the driver was pulled over can potentially prevent
against hard suspension of a driver's license. If the suspect's
situation is viewed favorably at the hearing, then a driver's license
suspension of this nature can be avoided. The same is true of drivers
who are not ultimately found guilty at trial, as well as those who plead
guilty to reckless driving and those who are able to convince the driver
to withdraw the Form 1205 from the Department of Driver Services.
Knowing the implications of refusing a chemical test in the state of Georgia
can certainly make the decision to reject such a test a more difficult
one. Depending on the circumstances at hand, it can be hard to know whether
a refusal would further jeopardize a defendant's case or not. In general,
the situation can vary greatly depending on the unique aspects of the
case. Therefore, it's wise to approach a situation of this nature
knowing everything there is to know about the repercussions and implications
of any potential actions that might be taken.
Breath test machines can malfunction!
Anyone who submits to a chemical test such as the breath test should be
aware of the fact that the machines used to conduct these assessments
can – and do – malfunction. As such, Georgia state law allows
for all persons who submit to this type of state-administered test to
also be tested by an independent provider of their choice.
Rather than refusing a test of this nature, it is sometimes beneficial
to submit to the test and then challenge the results in court if need
be. No matter what decision you make, however, you can always enlist the
supportive legal defense of an Atlanta DUI lawyer at The Law Offices of
Howard J. Weintraub. Under the guidance of an attorney at our firm, a
strong defense can be built for the purpose of challenging the DUI allegations
that you are currently facing.
Contact an Atlanta DUI attorney at our office today.