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Consequences of Refusing a Breathalyzer Test in DUI Cases Roswell GA

Police officers may request chemical tests of your breath, blood or urine to ascertain whether you are intoxicated. Georgia law mandates you submit to these tests if the police suspect you of driving under the influence of alcohol or drugs; results from breath or blood tests will indicate your blood alcohol content (BAC). Refusal to take these tests could incur civil and criminal penalties; an experienced Roswell DUI attorney can explain current laws regarding these tests as well as recent changes.

In most DUI cases, police will use a breathalyzer to test your blood alcohol concentration (BAC). These devices are highly accurate and give an instant reading of your BAC level; Georgia police frequently utilize Intoxilyzer 5000 and 9000 breathalyzers; their results can then be presented in court as evidence that you were driving while under the influence.

Under current Georgia law, DUI arrest is possible with a blood alcohol concentration (BAC) level exceeding 0.08 percent or if other drugs such as prescription or illegal drugs are present in your system. If found guilty, your license will be suspended for one year by the Department of Driver Services without eligibility for limited driving permits; a qualified DUI lawyer can challenge this suspension through administrative hearings.

People often refuse a breath or blood test at DUI stops because they fear being found guilty if the test shows they were over the legal limit and refuse because their refusal will be used as evidence against them by prosecutors. Unfortunately, police officers sometimes misinterpret a driver’s refusal as an attempt at challenging their authority and may charge them with refusal instead.

Reasons exist for refusing a breath or blood test during a traffic stop, including fear that its results will be used against you in court, or wanting to consult with a lawyer prior to taking it. Officers may mistakenly charge drivers with refusal when they know that the person is neither impaired nor intends to refuse, and can easily accuse them of so doing. A Roswell DUI attorney can help defend your case from this false accusation of refusal. Roswell DUI lawyers possessing expertise can examine whether police followed proper protocols when administering the test and fight to have your refusal charges dismissed by court, potentially sparing you a 12 month license suspension and potentially helping avoid a DUI conviction. Call our offices now in Roswell, Alpharetta or Metro Atlanta to arrange a free consultation with one of our skilled DUI lawyers who is dedicated to upholding our clients’ rights.