What to Do if Requested to Take a Breath or Blood Test in Georgia

Most people are unsure what to do or say when under investigation for drunk or impaired driving. The most important rule is to exercise your right to remain silent and demand to speak to an attorney. Additionally, there are five items to remember if you are suspected of DUI if Georgia (regardless if suspected of alcohol or drug impairment).1. Do not reply to any questions about consumption of drugs or alcohol, including if anything was consumed, when consumption occurred, or where consumption may have taken place. Exercise your right to remain silent and request to speak to an attorney.2. Do not perform any roadside field sobriety tests or evaluations, including the hand-held breath test. These evaluations are not mandatory and are designed for failure. Furthermore, they are used to incriminate you.

3. Do not run from law enforcement officers or resist arrest. You should ask to leave the scene – either by cab or by walking, even if you must have your car towed home – if doing so will prevent arrest.

4. You should turn down testing of your breath, blood or urine except if you can answer “true” to ALL of the following:
– I am over 21 years of age and am licensed in Georgia.
– I was not involved in an accident resulting in injury or death to anyone.
– I was not operating a commercial vehicle.
– I do not have any prior DUI-DWI convictions or pleas in the last 10 years.

5. IF you can answer “true” to the four statements above, only then should you submit to testing requested from the officer. You should also request your own independent tests. If blood, this can be done at a local hospital. If breath, ask to be tested at a different police station. You will be required to pay for your own tests.

It is important to note that these steps apply in the state of Georgia. Some states have penalties for refusing state-administered testing, regardless of the outcome in the criminal case. Call 1-844-TEAM-DUI today to speak to an attorney who can advise you of how to protect your legal rights.

Copyright 2015. William C. Head. All Rights Reserved.