Photo from UnsplashOriginally Posted On: https://cooktolley.com/2020/09/refusing-a-breathalyzer-can-be-a-bad-decision/
In Georgia, a driver with a breath-alcohol concentration of 0.08% is presumed impaired, but the driver can still be arrested for DUI “less safe” with a lower concentration or with no breathalyzer test at all. Most drivers realize that there are implied consent laws in Georgia and every state. While all motorists can refuse a breathalyzer test after being stopped by a police officer, refusing to take the breathalyzer can result in immediate confiscation of a driver’s license by state law enforcement as an administrative step.
It’s important to understand that licensing is a function of the state government. Driving rights are a privilege issued to those who can pass both the written test and road test. This qualified privilege can be suspended by the state when one is convicted for specific driving offenses or refuses to take field sobriety tests. Additionally, judges can issue warrants for blood tests, which can result in additional problems for suspects when illegal or unauthorized drugs are found in the system.
It’s important to understand that prosecutors in states like Georgia have little to no authority in reducing a DUI charge unless the BAC reading can be questioned in some manner by an experienced criminal defense attorney. Furthermore, some cases involving drugs can also be defended using search and seizure rules along with medical authorization records.
Article written by:
Cook & Tolley, LLP
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