Why are the officers and the system in general harder on individuals who refuse Dui tests

Asked over 4 years ago - Dawsonville, GA

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?

Additional information

plus when I went to bail my husband the next morning, his bond was $5300 app. and the other gentleman who did blow a .09 bail was $1200. One of the officers at the jail was asked by my bondsman why the differance and he stated because of the refusal. I am angry with a system that appears to be you are guilty until you prove yourself innocent. And that appears to be utilized not to serve and protect but to raise revenue for the county and so the officer can make his quota.

Attorney answers (4)

  1. Robert Rogers Giannini

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . 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.

  2. Douglas Warren McDonald Jr.

    Contributor Level 10

    1

    Lawyer agrees

    Answered . i would also agree w/ Bob, however the bond may be higher if there were other traffic charges along with the dui (i.e. lane violation, speeding etc.) generally the max fine is the stated bond amount to make sure you come to court.

  3. D. Benjamin Sessions

    Pro

    Contributor Level 8

    1

    Lawyer agrees

    Answered . 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.

  4. Marko Ludvik Burgar

    Contributor Level 8

    Answered . 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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