Why Was I Asked To Perform Multiple Breath Tests?
Normally, there are two phases of the prosecution and the investigation. The first is the probable cause phase and at that point, they would be requesting a roadside breath test. The machine they use is portable and is so unreliable that the court will not accept the specific readout as an accurate measurement. It can only be used to show that there was alcohol in a person’s system.
At the police station or the jail, you will be tested on a much bigger machine, which is not a portable machine. This is called the State Administered Breath Test. Two samples are required. If the two samples are too far apart in results, the whole breath test is dismissed as invalid.
I Wanted A Blood Test. Why Was It Not Offered?
In Georgia, the police have the ability to choose what sort of test is going to be administered. You can still request a blood test to be done but you will be responsible for the costs. The further away from the time of the arrest a blood test is administered, the less reliable it is going to be.
Should I Take The Breath Test Or Should I Refuse It?
You can refuse a breath test in Georgia and they cannot use that against you at trial. If the police are requesting a blood test and you refuse, it can be used against you in court. I still suggest refusing. If they see that you are under the influence and you give them the test, you are giving them scientific evidence against you. If you are under the influence and you refuse a test, it is not scientific evidence.
What Is A Forced Blood Draw?
There are a few counties in Georgia where they will strap you down to a medical bed and have a phlebotomist forcibly take your blood. They can only do that if they have a warrant to take your blood, which means they have to present probable cause to a judge and the judge has to sign it.
Why Was I Charged With A Refusal When The Police Took My Blood Anyway?
If initially, you refused testing but later changed your mind, the police may not give you a second chance. They may still mark you down for a refusal, even though you later submitted to the test. If you failed to provide an adequate sample, according to breath testing protocol, they may interpret that as a refusal as well.