Are Field Sobriety Tests Admissible In Court In Georgia?
The three standardized field tests are admissible in court. Many times, the un standardized ones are admissible, as well, though a skilled attorney will fight to keep them from being used against you.
What Is The Difference Between The Roadside Breathalyzer Test And The Breathalyzer At A Police Station?
The roadside breath test is very unreliable and can only be used to show the presence of alcohol in your system. The Intoxilyzer 9000, which is the technical and trade name for the machines that the state administered test uses, is more reliable to show the precise amount of alcohol in your system.
What Happens If I Refuse All The Roadside Tests And The Test At The Station? When Are Blood Tests Used?
If you refuse the breathalyzer test, based on the implied consent law, the state of Georgia will ask to have your driver’s license suspended for a year. However, if you file an appeal within 30 days of your arrest, then we can potentially extend your driver’s license until after your case is resolved. A recent case in October of 2017 stated that a prosecutor cannot use the fact that you refused the test against you to prove that you were under the influence.
In several counties, the officer will seek a search warrant for blood if you do not consent. Law enforcement can find a judge to give them a search warrant and then they can force you to give blood. In some of these counties, you will then go to a fire department or the hospital, and then they will have you sit down with a phlebotomist to take your blood. In other counties, they are actually strapping people to gurneys and forcing them to give their blood without their consent.
What Happens After Someone Is Taken Into Custody? Is DUI A Bondable Offense?
For the most part, DUI offenses are bondable, meaning that you can get someone to come and bond you out through a bonding company or through a cash bond. Usually, the bond is reasonable. However, some counties will put you in the drunk tank until you sober up and then you can bond out, so they may hold you until the next morning. Any time that you serve after your arrest, if you are convicted, will be credited toward the amount of jail time that you would have to serve.
After you’ve been released, if you’ve refused a breath test or blood test, you’ll be given a 1205 notice. You only have 30 days after you’ve been released to make an appeal of that 1205 notice, which is the administrative suspension of your driver’s license.
What Happens To My Physical Driver’s License When I’m Charged With A DUI?
If you refuse breath testing or you test over the legal limit, the police will confiscate your driver’s license and staple it to a form that they send into the Department of Driver Services, requesting that the driver’s license be suspended. In the case of a blood test, they will give you your license back and your driving privileges won’t be immediately impacted.
If you refuse the test or if the test result shows over the legal limit, they are going to suspend your driver’s license. You have 30 days to file an appeal. Once you file for the appeal, your driver’s license privileges will be intact for a few months, until the administrative license suspension hearing. Then, depending on what happens at that hearing, you may be suspended or you may continue to be able to drive.