DUI Test Refusal

DUI Test Refusal

Atlanta DUI Lawyer

Even if you didn’t blow into the machine or provide a urine or blood sample, you can still be charged with a DUI.  While it is true the State won’t have these tests, the officer can still testify to a driver’s bloodshot and watery eyes, slurred speech, lack of balance, and strong odor of alcohol.  Also, the officer can testify to how you performed on the field sobriety tests or the State can use the video of the traffic stop at trial.

Georgia DUI Breath Test Refusal

In Georgia, officers request drivers suspected of DUI to take either of these tests: 1) Intoxilyzer, 2) blood, or 3) urine. The most common way to test a driver for DUI is a breath test. There are two types of breath tests during a DUI investigation: 1) portable breath test and 2) Intoxilyzer test. Usually, if a driver is involved in an accident or driving under the influence of a drug, a blood and/or urine test may be requested instead.

The portable breath test is usually given on the side of the road during the traffic stop.  A driver is not required to take the portable breath test.  If a driver does take the portable breath test, the numerical results are not admissible in court.  Therefore, an officer can only testify as to whether the driver tested positive or negative for the presence of alcohol.

On the other hand, a driver suspected of DUI is required to take the Intoxilyzer test, which is usually administered at the jail or police station. The law requires that the officer requests two breath samples from a driver suspected of DUI.  In order for the results to be admissible, the breath samples cannot differ more than 0.020 grams from each other.  For purposes of charging the defendant and administrative license suspension, the lower of the two results will be used.  If the driver only provides one breath sample but refuses to blow a second time, it will not count as a refusal.  Also, the State can use the one breath sample against you in court.

However, if a driver refuses to take the Intoxilyer test, their license may be suspended for one year and evidence of the refusal may be used against them in court. Regardless of whether or not you take any breath, blood, or urine tests, you only have 30 calendar days from the date of your arrest to request an ALS hearing or request an ignition interlock device limited permit to prevent your license from automatically being suspended on the 46th day after your arrest. Once those 30 days pass, your license will be suspended for one year.

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