I was arrested for a DUI during a roadblock and did not get administered any test once I made it to the jail. What can happen?

Asked over 1 year ago - Athens, GA

The officer asked to see my liscense and I went to the trunk to get them. While at the back of my car he asked had I been drinking and I answered yes but answered I did not know how long my last drink had been. He asked me to do a breath test and I did. I blew in it three different times. On the third time he said we have to do this another way.He asked me to perform sobriety tests. I followed his finger and walked on a straight line front and backwards, then he gave me the hold your leg up for 123 mississippi test where your foot could not touch the ground. After this test he arrested me. I did not refuse a breath test even though he noted this on the incident report nor did I get put on a machine once I made it to the jail. He also noted on the citation I was administered a test.

Attorney answers (7)

  1. Douglas Brooks Rohan

    Contributor Level 12

    11

    Lawyers agree

    Answered . He has to read from a GA implied consent card that he will read in a plain monotone voice. You might have missed it. The only way to know is to obtain a copy of the video and see what it shows. I recommend you retain an experienced DUI attorney immediately.

    If you have any further questions about this or any other topic, please feel free to call me at 404-923-0446. All... more
  2. John Arnold Steakley

    Contributor Level 18

    9

    Lawyers agree

    1

    Answered . Don't overlook that you can also attack the roadblock itself. I currently have a roadblock case before the Supreme Court of Georgia and know the law pretty well. A DUI from a roadblock is better for you than a regular DUI where you get stopped on the highway.

    ↓ Mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at www.... more
  3. Noah Howard Pines

    Pro

    Contributor Level 18

    9

    Lawyers agree

    Answered . You need to sit down with an experienced DUI lawyer immediately. If the officer is claiming you refused a breath test then you only have 10 days to request an administrative hearing or your license will be suspended for one year. Please call me at 404-812-4305 if you would like the names of some lawyers in your area.

  4. Michael Jason Rhoades

    Contributor Level 16

    9

    Lawyers agree

    Answered . First of all, you need to act quickly, as you only have 10 days from the date of the incident to formally ask for a hearing to save your license. Next, it is hard to tell exactly what your best possible defenses are to the charge of DUI without getting more information and seeing the video and report from the arrest. Bottom line - get yourself an experienced attorney NOW, before it is too late to help.
    Please let me know if I can be of assistance. I would be happy to help.
    Regards,
    M. Jason Rhoades

  5. Robert M. Gardner Jr.

    Contributor Level 18

    8

    Lawyers agree

    Answered . See a DUI lawyer asap. The whole procedure can be technical confusing, and could result in the loss of your license administratively. Make sure to take the tickets with you, along with any other paperwork you received when you were arrested or left the jail. An experienced DUI lawyer can tell you how to proceed, how to save your license, and give you a good idea on whether or not you can beat the charges. Much will depend on the arrest report, and your attorney can obtain that fairly quickly. The alleged "refusal" could result in a one year suspension, of your license if an administrative hearing is not requested within 10 days, so do not delay in hiring someone. This suspension will be effective even if you eventually beat the charge or have it dismissed.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base... more
  6. L. Ty Wilson

    Pro

    Contributor Level 13

    8

    Lawyers agree

    Answered . You have been given excellent advice, call a DUI attorney there are several here. Do it quickly you have 10 business days from your arrest to file an administrative appeal with the Georgia Department of Driver services. You should have been given a yellow form DS-1205. This is the most urgent deadline so get moving!

    24 hour recorded message reveals what you must address first after a DUI arrest call 1-855-350-2585.

    Ty

    24 hour recorded message on what you must do after a DUI call toll free 1-855-350-2585. This response is for... more
  7. George F. Mccranie IV

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . There are numerous issues that are apparent after reading your question. However, the best way for you to defend yourself is to retain the best DUI Defense Attorney that is available to you - ASAP! After an in depth interview and review of your case the Attorney can explain to you all of the problems with the State's case and possible defenses for you. Additionally, you should file a request for an Administrative License Suspension Hearing (ALS) ASAP - you have 10 business days to request an ALS hearing or your license WILL BE SUSPENDED. I hope this information is helpful. Good Luck! George McCranie IV www.mccranielawfirm.com

    The information provided in this response to a question is not legal advise and is provided only for general... more

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