You definitely have some issues that need to be evaluated. You need to speak with an attorney about your case as soon as possible. You are likely facing an administrative suspension on your license or driving privileges in GA, and you have a limited amount of time to request a hearing on the suspension. It sounds like you may have some defenses to whether you refused or not and possibly other challenges that could result in beating the charges. The most important thing you could do, is meet with a DUI attorney in the area where you got arrested.
This answer is not intended to be legal advice. This answer is general in nature and does not create an attorney-client relationship. If you wish to create an attorney-client relationship you should contact an attorney and formally discuss the specifics of your case.
You never should have blown the first time, let alone again. Yes, you have some great issue. Hire the best local DUI attorney you can afford.
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If you're talking about the breath test prior to arrest, that is different from the official breath test that would have been administered later, at the station. That portable breath test at the scene is very unreliable, and it does spit out a numerical result, though the officer isn't required to show that to you. As for the field sobriety tests, if you're given confusing instructions, it's impossible for you to perform those evaluations correctly. You definitely need to speak with a DUI lawyer as soon as possible, in order to investigate that issue as well as many other possible issues regarding the stop, the investigation, and the arrest. You also need to act quickly to protect your license, if they've written this up as a refusal case.
Call us any time at 404-987-0245 to discuss your case in further detail at no charge, and best wishes to you.. It sounds like there could be some good defenses to this case, as it can be difficult for the state to prove your guilt beyond a reasonable doubt without a chemical test showing your BAC.
The problem with field test is you don't really know if you passed because the officer never told you what they were looking for. It's not uncommon for the officer to say you failed e earthing, especially if you they decided to arrest you.
That handheld breath test is not required and is highly inaccurate. You should never blow into it. After you were arrested or after the field test you should have been asked for another test. This test would have been at the jail on the real breath machine. The police get to choose the test you take. If they offered breath and you told them you would take blood that is a refusal. They do not have to offer you an independent test because you never took their breath test.
Obviously, we would need a lot more details, but from what you have said here, it sounds like the beginnings of a good case. You should speak with a local DUI attorney right away. Since you refused the test, you only have ten business days to act to save your license.
First- Based on the skimpy facts in your question you have several issues that need to be looked at by the best DUI Defense Attorney that is available to you. So retain your attorney - ASAP!
Second - If you were charged with a DUI (Refusal), there is most likely an ALS Suspension notice that has been filed. It is the DDS Form 1205 - yellow sheet of paper that some officers give drivers and tell them it is their driving permit. If you don't file a written request for a Hearing within 10 business days your license will be AUTOMATICALLY SUSPENDED by the state. Your DUI Defense Attorney will be able to help you with the required paperwork. Hiring the best DUI Defense Attorney that is available to you can be a GREAT investment. Good Luck!!!
George McCranie www.mccranielawfirm.com
The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.
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