After a DUI arrest in Atlanta, the police will ask you to submit to a blood, breath or even a urine test. You may feel violated by having to submit to chemical testing when you've done nothing wrong. Or you may not trust a police officer with a needle to take your blood or give an accurate test. Unfortunately, the law considers driving to be a privilege and not a right. So if you decide to refuse a chemical test when you are arrested for driving under the influence, you will lose your license to drive, whether or not you are intoxicated.
Implied consent law requires you to submit to chemical testing when arrested for a DUI. If you submit to the chemical tests, and are above the per se legal limits, then the Department of Driver Services will give you a temporary 30 day drivers license. After waiting 30 days, your license will be administratively suspended, even before you've had your chance to take your case to court. It may not seem fair that you'd lose your license even before you got an opportunity to fight the charges. It is important to contact an Atlanta DUI defense lawyer so they can advise you of your rights, options for keeping your license, and defenses to your criminal charges.
The only way to challenge an automatic ALS suspension is to request a hearing. This has to be done according to state requirements, including being requested in writing, with a filing fee, and certain information. After your arrest, you only have ten days to request the warning, or you have impliedly waived your chance to challenge the administrative suspension.
Georgia's Implied Consent Law
Not all chemical tests are required, only tests at the time of arrest are required. When police officers first stop a car and driver, they may be trying to gather evidence of intoxication, including requesting field sobriety tests and field chemical tests, such as the breathalyzer. These field tests are not covered by the implied consent law. In fact, these field tests can be very inaccurate and often lead to false-positives.
At the time of arrest, the Atlanta Police or state patrol officer is supposed to read the Georgia Implied Consent notice, so that you have the opportunity to decide whether or not to submit to chemical testing. It is up to the officer to decide which type of chemical test they want the driver to submit to, you don't get to chose which type of chemical test you prefer. If you refuse a chemical test, even though the state may not have chemical evidence of your blood alcohol concentration (BAC), the prosecutor could use your refusal against you as evidence in court.
Implied Consent Defense in Atlanta
Implied consent laws can make a difference in whether your license is suspended or not. It is important that you carefully consider having an experienced Atlanta DUI lawyer represent you during your administrative hearing and criminal proceeding. It is important to have a skilled Atlanta DUI lawyer on your side, to defend your license, and your criminal charges. If you or a loved one have been arrested for driving under the influence in Atlanta, call me anytime, and I will make sure you are treated fairly by the courts and the state, and keep your record clean.