I was recently stopped for a DUI. The officer asked me to step out of the car for a field sobriety test and refused that. His comment was- fine, let's move on to the breathalyzer test. I refused that as well. He said that i would be arrested for DUI. Once back at the station, he said I would need to give a blood test. I told him about my medical issues and asked that he called my Dr. and gave him her number. She never came to draw my blood, and was sent in to general population. Did I do the right thing or should I have done all of the tests?
The procedure an officer must follow during a DUI arrest is very technical. From your question, it appears that your office may not have followed the proper procedure. For instance, the officer must read you the Georgia Implied Consent Notice after arrest but prior to leaving the scene of the arrest, unless specific extenuating circumstances exist. At the end of this notice, the officer will ask you to submit to a chemical test of your ______ and the officer designates breath, blood, urine or other bodily substance. If the officer did not ask you for blood until you were at the station, he may have made an error in timely reading you this notice or properly reading you the notice.
From the facts that you provided, this appears to be a very defensible DUI case. It is a case in which you will need an experienced DUI attorney that practices in that area. You should not try to defend this type of case on your own. Most attorneys offer free consultations and can review the specific facts of your case with you, so you can make an informed decision on how to proceed. The information you provided above will prompt any attorney to go into considerably more detail with you on your interaction with the officer. Please note that this answer is not intended to be legal advice.
It sounds like it will be difficult for the state to prove beyond a reasonable doubt that you were under the influence of alcohol that made you a less safe driver. You'll be facing a possible suspension of your license, but a good lawyer should be able to protect your license and hopefully get your case reduced or get a "not guilty" verdict at trial. Consult with some attorneys and go with the one you're most comfortable with--you're typically much better off with good representation! Best wishes
From the perspective of helping to fight your case down the road, you did exactly the right thing. As Mr. Ladd points out, make sure you get someone to write your "Ten Day Letter" ASAP so that you don't get your license suspended for refusing the State's breath test.
Without field sobriety evaluations, a breathalyzer, or the Intoxilyzer or a blood test, it is usually very difficult for the State to prove your were a less safe driver, though it can be done. Make sure you hire an experienced DUI defense attorney to help you handle your case.
Based on the information in your question it sounds like you have a very good case to defend. There are several issues that are apparent from reading about your arrest that should be discussed when you consult with an experienced DUI Defense Attorney such as - was there any bad driving on your part, did you admit to drinking alcohol, did you show any other "cues" that the officer could use to justify the DUI arrest, did the officer read you the Implied Consent Notice as required and in a timely fashion, your specific medical issues that require a blood test to be performed by your personal physician, etc.. Please be aware these are not all of the issues involved in your case, but they are the ones that are apparent after a quick reading of your question. A much more detailed consultation about all of the facts and circumstances surrounding your stop, questioning, arrest and apparent blood test refusal would most certainly reveal additional defenses. Additionally, you should make sure that you have sent in your Administrative License Suspension (ALS) request before 10 business days have passed - or you will loose you driving privileges in GA for 12 months!!! Finally, I would advise you to retain the most experienced and qualified DUI Defense Attorney that is available to you ASAP!!!!! Don't try to fight this very complicated case on your own! Retaining a qualified DUI Defense Attorney could be the best INVESTMENT in protecting both you and your families future that you could make!!!! I hope this information has been helpful to you. I practice in the Brunswick area and if you have any questions please feel free to call my office. Good Luck!!! George McCranie IV
There are numerous procedures officers must follow during any stop for DUI. You should consult with an attorney to go over the facts of your case so you can determine which procedures were not followed. This will effect the admissibility of evidence in your case, and therefore will affect your ability to beat the charges.
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