Why implied consent is important before the new law
By Michael D. Barber, Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense
A proper education in DUI is essential not just for the officers but for the attorney you hire to help you as well. Recent cases have boasted about how breath tests cannot be used against you in a court anymore if you refuse. What if you took the test and the officer messed up in the implied consent reading? What then?
Its been a fun night and you are driving home from your event for the night. It doesn’t matter where the even took place whether in Atlanta, Johns Creek, Roswell, Dunwoody, Gwinnett, Cobb County Smyrna. The police agency that tries to stop you is irrelevant when you end up remembering more than just a good party. With everything that goes on for some people either lose track or don’t keep count of their alcohol intake. With police being aggressive, or more aggressive, for DUI arrests, it means that more people are finding themselves the subject of a late night rendezvous with the police.
As a result of the Governor’s office of Highway Safety teaming up with various organizations, including the HEAT and TEAM division of local counties, the cops are cracking down on impaired driving.
After the stop and the “interrogation” by the police you now find your self being read something off the back of a card out of the officers pocket. At the end the officer asks for a breath test which you consent to. Afterwards when the officer doesn’t get the result he wants, he then tells you your taking a blood test. But wait! The officer didn’t re read implied consent. This means that there is an opportunity to have the testing suppressed in its entirety. Which in turn means that there is an opportunity to prevent this DUI from ruining the rest of your life.
If you have been accused by the police of driving under the influence then you need help from a trained DUI attorney. Should YOU find that you either don’t want to face the court alone or simply feel that you need help from an attorney then give our office a call regarding your citations. There are facts to every case where defenses can be raised for anyone charged with driving under the influence. Each situation is different from the other and requires a evaluation of all the information in order to properly mount a defense and a effective negotiation with the prosecutor’s office.
Remember that every case is different because no two sets of facts are the same. Proper application of not just the law but also case law to your situation would take examination of the facts surrounding your case and creating a properly mounted defense for YOUR arrest.
Our office has 24 hour response lines and can answer your questions and help you. Give our team of lawyers a call at 404-445-8494. We can help you mount a proper defense for your situation.
