Most people only know what they see about DUI test on television. There are so many reality television shows out today that focus on the police and law enforcement. Even attorneys watch these shows and can easily point out when certain traffic steps are illegal.
Knowing this, some people may be surprised to learn that the breathalyzer is not the only way for the cops to check your alcohol levels. They measure your levels of intoxication by gauging your blood alcohol concentration. This can be done in a variety of ways. While a breathalyzer is one way to do this, it’s certainly not the only way.
When you get pulled over, the most likely test you’ll be asked to do is a breathalyzer. This is because the police can carry portable breathalyzer tests with them in their patrol cars. It’s not as if they can do a urine or blood test while out on a traffic stop.
A lot of other people that they have to agree to a breathalyzer test. They think that they have to do whatever the police ask them to do. The truth is that you don’t have to agree to take a breathalyzer test. In fact, you don’t have to agree to take any sort of test. Just keep in mind – the police can get a warrant that can force you to consent to a test. And, if you refuse to take a breathalyzer test, there will be consequences.
Regardless of what sort of test you’re asked to do, it is entirely up to you. Many DUI defense lawyers in Athens believe that you should never deliver evidence to the State. If you know you’ve had too much to drink, you shouldn’t hand the prosecutor proof that you’re under the influence. And, if you do refuse the test, you should call and talk to an experienced DUI defense lawyer in Georgia right away.
The State Can Use Three Different Tests to Prove You’re Under the Influence
If you’re pulled over for DUI, there are several ways for the State to test your alcohol levels. They can do a breathalyze test. They can also do a urine or blood test. The police don’t need a warrant to ask you to submit to a breathalyzer. Technically, they don’t need one to ask you to submit to a chemical test either. Just keep in mind, they can ask the judge to sign a warrant to run any of these tests. However, by the time they get around to doing it, your blood alcohol concentration may be much lower than when you were first pulled over.
What Happens if You Refuse the Test in Athens, Georgia?
If you refuse to take a breathalyzer or any other BAC test, you’ll automatically lose your driver’s license for a year. It will be suspended from the date of your arrest forward. If this happens, you need to submit something called a thirty-day letter. This letter will kick off your defense to the administrative suspension of your license.
The one thing about Georgia that may benefit you is that the State can’t use your refusal to take the test against you in court. Prior to last year, the prosecutor could let the judge or jury know that you refused the test. This is often seen as a sign of your guilt. Now, that can’t happen. The courts in Georgia found that this violates your rights against self-incrimination. Thankfully, your Athens DUI lawyer know this too.
Contact an Experienced DUI Defense Lawyer in Athens, Georgia
If you or your spouse have been charged with DUI in Athens, you should retain a skilled DUI defense lawyer. Contact our office as soon as possible after your arrest. You can come into the office and talk to someone who knows the law when it comes to DUI in Georgia.
Even if this is your first offense, you’ll be facing pretty severe penalties. You don’t want to try to handle this yourself. This is even more true if you refused to take a breathalyzer test. And, if you took the test and your BAC was above the legal limit, there’s a good chacne that you’ll be convicted of DUI.
The State may be willing to negotiate your case with your experienced DUI defense attorney in Athens. This may be your best chance to get your charges reduced or dismissed. Contact an experienced DUI lawyer in Athens immediately.