my husband was arrested for DUI because he refused to take field soberity tests, breathelizer, and BAC after the officer stated they were zero tolerance. He and I did have 2 and 1/2 beers over 3.5 hour and dinner. After they arrested my husband the officer that stayed with me because I refused tests as well kept asking me to take the hand held breathilizer. I finally did and blow a .03. He was happy because now he could leave me. but if they are zero tolerance why was I not arrested and allowed to drive away?
The legislature decided many years back to enforce a harsher license suspension for people who refuse to submit to a breath test. This was done in order to induce more people to blow. The obvious reason being that it is easier to prosecute people if they give evidence against themselves. All of that "zero tolerance" baloney is part of the state of Georgia's public relations campaign and has nothing actually to do with the law. If you and your husband feel he was wrongly arrested I strongly encourage you to choose a good defense lawyer and fight this charge. With no breath test, no field tests, and with a witness (you) this looks like a good case to me.
It is important to recognize that the bond amount set in your husband’s case is intended to secure his attendance in court to answer his charges. I know that it is frustrating knowing that people in similar cases had to post much lower bond amounts. As has been discussed, there are multiple factors (underlying traffic citations, criminal history, ties to the community, etc.) which may impact the bond amount. Ultimately, the bond amount has nothing to do with the actual merits of the state’s case against your husband. Do not let this experience deter you from seeking the advice of a qualified DUI defense lawyer.
Also, your husband most likely received an administrative license suspension notice as a result of his refusal of the state-administered breath test. A request for hearing upon the administrative suspension must be filed with 10 days from his date of arrest.
Please feel free to contact me if you need a referral for a DUI defense lawyer in your area.
I concur with Bob, Gus, and Ben's answers concerning your husband. Regarding your question why you were not arrested (other than the fact that you were not driving!), at a .03 BAC, you are below the .05 threshold where you would be presumed as not being under the influence of alcohol. So unless you are under 21 years of age, or if the officer had evidence that you were also under the influence of drugs, he would not be able to charge you with DUI at that level in Georgia.
I hope this answers your question.
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