Being convicted of driving under the influence may lead to expensive, life-altering consequences, especially for subsequent convictions or felony DUIs. Jail time, fines, license suspensions, community service, license reinstatement fees, clinical evaluations, substance abuse treatment programs, or the installation of an ignition interlock device are all possible penalties, depending on the facts and circumstances of a particular arrest. DUI cases are either built around the defendant’s blood alcohol content (BAC) or that a defendant is “less safe” as a result of alcohol or drugs if a test of the individual is not done. A defendant’s refusal to take a test may result in serious penalties under the law. Athens DUI lawyer Jason Slider at the law firm of Baker & Slider is a former prosecutor who now assists defendants in cases arising from alleged driving under the influence or a refusal to submit to chemical testing.Consequences of DUI Refusal in Georgia
Georgia has an implied consent law that applies in cases in which a law enforcement officer has reasonable grounds to believe that a suspect has been driving or has been in actual physical control of a motor vehicle while under the influence of alcohol or another substance that makes it less safe for him or her to drive. The officer should advise the suspect that Georgia law requires him or her to submit to a state-administered chemical test of his or her blood, breath, urine, or other bodily substances for the purpose of determining whether he or she is under the influence of drugs or alcohol. The defendant must also be advised that a refusal to submit to the required testing may result in a driver’s license suspension of up to a year and that his or her refusal to submit to the test may be offered as evidence at trial. Different notice requirements apply to people under 21 and commercial motor vehicle drivers who are suspected of DUI.
Under the current implied consent statute, a test may also be administered in the absence of an arrest for DUI if the defendant was involved in a traffic accident that resulted in serious injuries or a fatality. The implied consent conferred under the statute is not assumed to have been withdrawn in cases in which a defendant is unconscious or otherwise incapable of refusing a test, however, before a blood test is given a person must give actual consent.
Just as a defendant who submits to a blood or breath test that yields a blood alcohol content (BAC) of 0.08% of more is not without possible defenses to a charge of driving under the influence, a person charged with DUI less safe with a refusal to the state test may be able to defeat the charges against him or her and avoid the harsh penalties of a DUI conviction. The Fourth Amendment to the Constitution protects defendants against unlawful searches and seizures, and illegally obtained evidence is not admissible in court. The area of law pertaining to implied consent (as opposed to actual consent) and the exigency exception to the Fourth Amendment’s warrant requirement is rapidly evolving, and the outcome of a particular case may be very fact-dependent.Discuss Your DUI Case With an Athens Lawyer
An experienced drunk driving lawyer can help a person accused of DUI less safe sort through the evidence to determine whether he or she may have a strong defense. Athens DUI attorney Jason Slider is a cum laude graduate of the University of Georgia School of Law and the recipient of both a “10 Best 3-Year Client Satisfaction Award” from the American Institute of DUI/DWI Attorneys and an “AV Preeminent” rating from his peers through the Martindale-Hubbell Lawyer Ratings. Call us today at (706) 208-1514 or contact us online to schedule a free initial consultation. At Baker & Slider, we have been proudly serving people in Athens, Jefferson, Watkinsville, Danielsville, and the surrounding areas in Clarke, Jackson, Madison, Oconee, and surrounding counties for many years, and we are here to help when you need us most.