Does Implied Consent mean the breathalizer. What is officer refused to give you breahalizer or FST if you requested?

Asked almost 4 years ago - Atlanta, GA

Does the officer need to have video of the car accident if that is the reason you were arrested for DUI?

Attorney answers (4)

  1. Lance Warren Tyler

    Contributor Level 10

    1

    Lawyer agrees

    15

    Answered . As Mr. Young explained above, Implied Consent is a complex issue which allows the officer to request a test of your blood, breath, or urine after first placing you under for DUI arrest (or having probable cause to believe you were DUI in some cases). The officer is not required to administer field sobriety evaluations or to administer a preliminary breath test (Alco-Sensor) prior to arrest, even if you request it. Only after first submitting to the requested state test, are you are entitled to an independent test at your request. You should consult with an experienced DUI defense attorney to see whether there are "implied consent" issues which could be used to your advantage in your case.

  2. Phillip Darrell Kimbrell

    Contributor Level 15

    Answered . The request pursuant to the implied consent law can be for a sample of you breath (through an INTOX 5000 machine), blood or urine. It is a complicated issue with many variables working. The officer should have done at least 3 field test with you. The one-leg stand, the 9 step walk and turn and the HGN (eye) test. The officer would not be required to administer any field test although failing to do so would not provide him evidence to use against you. Feel free to contact me should you have any questions. Also, please keep in mind that you have 10 days to appeal the notice of license suspension. Good Luck!

    P. Darrell Kimbrell

  3. Elmer H. Young III

    Contributor Level 15

    Answered . Implied Consent means that when you made your application for the driver's licence, you impliedly consented to have you breath, blodd or urine tested at an officers request should the officer believe that you were driving at a time when you were impaired by alcohol drugs. This consent which you gave at that time has always been subject to your right to refuse the test which, in Georgia , is requested at the officer's discretion as the breath, blood or urine. While in some states, such as California a driver has the right to request test, not so in Georgia. After submitting to the officer's requested test, you are entitled to have an independent test of any of these substances by qualified persons at your own expense.
    You are encouraged to link to my profile page from contact information in order to obtain more specific information, but please understand that the response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Georgia. Responses are based solely on Georgia law unless stated otherwise.

  4. Wayne E. Brucar

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Typically, implied consent means chemical testing of the officer's choice - blood, breath or urine. Refusal to comply will result in an administrative suspension of your license. Breathalyzres, videos and field tests are merely evidence. None are required for a DUI arrest but much can be made of their absence at negotiation or trial.

    Wayne Brucar
    www.brucarandyetter.com

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,407 answers this week

2,941 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,407 answers this week

2,941 attorneys answering