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Sandy Springs, located north of Atlanta, is known for its diverse communities and lively business district. However, its municipal court also handles various criminal and traffic cases, which gave us the chance to explore both its function and jurisdiction as well as legal procedures used for handling these matters.
Police who arrest drivers suspected of DUI have the power to demand breath, urine and/or blood tests from them in order to ascertain alcohol and drug levels in their system. Officers typically ask for these tests during the DUI investigation phase of a traffic stop; however, if you refuse a chemical test you could still face arrest on suspicion of DUI in Georgia unless an accident resulting in serious injuries occurred or you were operating commercial vehicles at that time.
At the time of arrest for DUI Less Safe, police must read an Implied Consent Advisory verbally and directly at the roadway. Georgia Law outlines this Advisory in an extremely prominent green color card they carry while on duty.
Wording of this advisement is critical to your DUI defense as it informs you that, should you decline a State-approved chemical test, an automatic one-year license suspension will occur, in addition to any statutory or constitutional penalties applicable such as jail time or community service.
Many individuals may fear taking a breath or urine test for DUI due to fear of handcuffs and needles being placed into their arms; additionally they worry that refusing a chemical test could give police additional evidence against them in their DUI case. Luckily there are ways around these harsh penalties by opting out of chemical testing procedures.
Yeargan & Kert, LLC can assist in protecting your rights immediately when facing DUI refusal charges in Georgia. We will help defend against such charges while seeking out limited driving permits to allow you to continue working, attending school and running essential errands during our case pending process. Call now to arrange a free consultation with one of our Atlanta DUI attorneys; they’ll review your case and outline exactly how we can assist in dealing with Georgia’s stringent DUI refusal laws – our firm boasts experience and knowledge to successfully defend even against complex facts when necessary!
