I was recently arrested for a 2nd DUI in GA (1st - 2007),Refused Sobriety Tests

Asked over 4 years ago - Newnan, GA

I was recently arrested for my 2nd DUI in GA (pulled over for running a red light and wrong way driving) My 1st was in 2007, I plead guilty. Upon advice from my lawyer that time, I refused the field tests this time. Can you please tell me what to expect next? I am afraid that my refusal will negative impact me with the courts...

Attorney answers (4)

  1. Lance Warren Tyler

    Contributor Level 10

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    Answered . Robert is absolutely correct. You need an experienced DUI defense attorney and you should interview more than one before making your decision.

  2. Robert Rogers Giannini

    Pro

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    Answered . Refusing to submit to field sobriety tests does not have a direct, negative impact. In contrast, refusing to submit to the state administered breath test can cause you to suffer a one-year license suspension. However, you face that anyway if you are convicted of this new DUI. I strongly urge you to consult with an attorney who handles lots of DUI cases in Georgia. In fact, you should consult with more than one. Choose an attorney who not only knows Georgia DUI law, but one who is ready to actually fight for you.

  3. Robert Keith Prater

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    Answered . Your refusal of the field tests should not have any impact with the courts, at least none that I am aware of here in Coweta and the surrounding Counties. I will caveat that statement, however, with the stipulation that the video of your refusal will not show you being belligerent or a smart-alec with the investigating officer. At any rate the Courts work hard to be uniform in sentencing no matter the circumstances. However, it is my opinion that you need representation and you need it early in your case. You set forth, at least in material part a fact pattern that in my experience supports a large percentage of the acquittals/plea bargains that I have had and that in my 22 years of practice in Coweta County I have seen or heard about.

  4. Robert Keith Prater

    Pro

    Contributor Level 7

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    Answered . Your refusal of the field tests should not have any impact with the courts, at least none that I am aware of here in Coweta and the surrounding Counties. I will caveat that statement, however, with the stipulation that the video of your refusal will not show you being belligerent or a smart-alec with the investigating officer. At any rate the Courts work hard to be uniform in sentencing no matter the circumstances. However, it is my opinion that you need representation and you need it early in your case. You set forth, at least in material part a fact pattern that in my experience supports a large percentage of the acquittals/plea bargains that I have had and that in my 22 years of practice in Coweta County I have seen or heard about.

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