Why implied consent is important before the new law
By David McKenzie, Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense
A proper education in DUI is essential not just for the officers but also for the attorney you hire to help you. Recent cases have boasted that breath tests can no longer be used against you in court if you refuse. What if you took the test and the officer messed up in the implied consent reading? What then?
It’s been a fun night, and you are driving home from your event for the night. It doesn’t matter where the event occurred, whether in Atlanta, Johns Creek, Roswell, Dunwoody, Gwinnett, Cobb County, or Smyrna. The police agency that tries to stop you is irrelevant when you remember more than just a good party. With everything that goes on, 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 find yourself being read something off the back of a card from the officer’s pocket. At the end, the officer asks for a breath test, which you consent to. Afterward, when the officer doesn’t get the desired result, he tells you you’re taking a blood test. But wait! The officer didn’t re-read the implied consent. This means that there is an opportunity to suppress the testing in its entirety. Which in turn means that there is an opportunity to prevent this DUI from ruining the rest of your life.
If the police have accused you of driving under the influence, then you need help from a trained DUI attorney. If you don’t want to face the court alone or feel that you need help from an attorney, 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 differs from the other and requires evaluating all the information to properly mount a defense and effectively negotiate with the prosecutor’s office.
Remember that every case is different because no two facts are identical. Proper application of not just the law but also case law to your situation would take an examination of the facts surrounding your case and create an adequately mounted defense for YOUR arrest.
Our office has 24-hour response lines and can answer and help with your questions. Give our team of lawyers a call at 404-445-8494. We can help you mount a proper defense for your situation.
AJC: https://www.ajc.com/news/crime–law/cops-dui-suspect-stole-ambulance-for-joyride-before-robbing-walgreens-athens/n8XXKo2hENfxaB6VzQdG6M/
