If you’ve ever thought about refusing to take an Intoxilyzer test, you may want to think again. In Georgia, refusing a breath test is the same as failing one, and that could mean all of the consequence of a DUI arrest come crashing down around you, even if you didn’t have a single drop of alcohol.
Implied Consent Laws
Georgia DUI statutes have made it clear that drinking and driving will not be permitted under any circumstances, and a big part of that is the implied consent law. If an officer asks you to take an Intoxilyzer test, you must comply immediately. It’s part of the agreement you make with the state when you become a licensed driver. Choose not to comply and you could face an automatic license suspension, even before you’re convicted.
Two Tests – One Refusal
There are two different kinds of breath tests administered during DUI arrests. The arresting officer can ask you to take a portable roadside test. Those results cannot be used in court, though. He can also ask you to take an evidentiary test, which is typically performed at the police station. These results can be used in court. While you may or may not be asked to take the portable version, if you’re arrested on suspicion of DUI, you will certainly be required to take the test at the station, and you cannot refuse. Even if you blow into the portable version, if you refuse to blow into the one at the police station, you will have a refusal on you record.
Intoxilyzer Refusal Can Result in a Mandatory Blood Test
If you refuse to take an Intoxilyzer test, it is possible that police can obtain a warrant to take a blood or urine sample to prove that your blood alcohol level is over the legal limit. Once that warrant is obtained, you won’t have a choice in the matter. They can obtain the evidence thanks to the implied consent law.
You Have Just Ten Days
If you do refuse to take an alcohol breath test, you have only ten days to submit an appeal to keep your license. Time is of the essence in these cases. If you fail to submit your request in time, your license will automatically be suspended, even if you aren’t convicted on those same DUI charges at a later date.
You cannot wait to contact Attorney Barton. You simply don’t have time. The last thing you want to do is lose your license for a full year, particularly if you can build a good defense against these charges. Tom can fight these serious charges and help you avoid the penalties.
If you’ve already refused the test, it’s time to get the help you need. Contact Attorney Tom Barton now for a case consultation.