Refusing a DUI Test in Northeast Georgia

Some people may have heard that you can refuse to be tested for DUI by police in the state of Georgia. This is true in some instances. However, it’s important to understand the implications of doing so.

Georgia has an implied consent law. Therefore,  anyone operating a vehicle in the State of Georgia has given implied consent to be subjected to a range of different field sobriety tests. These are the tests that police officers use to determine your blood alcohol content, and thus to decide if you should be charged with a DUI.

Individuals under the age of 21 are not allowed to refuse field sobriety tests. You can also not refuse a test if you were involved in an accident. Individuals over 21 can refuse to take the test.  However, there are a number of penalties that this action triggers. First, if you refuse to take a field sobriety test, you can lose your driver’s license for up to a year. The fact that you refused to take the test can also be presented as evidence at trial. It is also important to note that permission must be given before any blood test can be conducted. Removing blood from your body is highly invasive. The Constitution has protections in place against unreasonable searches and seizures, even if it is for the purpose of conducting a DUI test.

Should I Refuse A DUI Test?

There’s no hard answer about the advantages or disadvantages of refusing a DUI test. Individuals should keep in mind several things. First, refusal to take the test can be used as evidence against them. Additionally, the test may actually disprove the case against them if they agree to take it. This means that different circumstances change the answer to this question. Therefore, it’s best to talk about particular events with an experienced DUI defense lawyer.

If you’ve got questions regarding consent for DUI tests in specific circumstances, or if you’ve been charged with a DUI in Athens, Athens-Clarke County, Watkinsville, Danielsville, Madison, Winder, Oconee County, Oglethorpe County, or anywhere else in the greater Athens area, call today to schedule a free consultation.

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