DUI Breath & Blood Tests in Georgia
DUI Defense Attorneys in Marietta Explain Your Rights
Since 2006, police departments throughout Georgia have had the legal authority to pursue a warrant for a blood test when a driver suspected of DUI refuses other types of chemical blood alcohol concentration (BAC) tests (e.g., breath or urine). A blood test can directly measure BAC, typically believed to be far more accurate. Whether or not you have voluntarily submitted to any kind of chemical BAC test, however, there are many factors that can make them inaccurate – even a blood test.
Furthermore, the law enforcement officer administering the breath test or seeking a warrant for a blood test may not have followed proper protocol. At Henrickson & Sereebutra, our Marietta DUI lawyers will use their nearly 30 years' experience to explore these factors and develop a solid criminal defense strategy for your case.
Your Right to Refuse Chemical Breath & Blood Tests
As a Georgia driver, you have the right to refuse a chemical BAC test. However, under the law of implied consent, you may be punished for refusing a chemical test requested by the officer. By refusing the test, the officer could take away your driver's license and issue you a temporary permit. At this point, you have 10 days to request a hearing with the Georgia DDS to appeal the suspension. If you do not request a hearing in this time, your license could be automatically suspended for a full year.