mrgaduiThe 3rd Simple rule is not so simple.  Should you take the State blood, breath, or urine test after you are arrested for DUI?

The answer is: it depends.

Under Georgia’s Implied Consent law, once you are arrested for DUI, you must submit to the officer’s request for a test of your blood, breath, urine,  or other bodily substance.  If you don’t, you face having your license suspended for a year with no work or school permit available.  After you submit to the officer’s test(s), you are then entitled to independent tests of your blood, breath, urine or other bodily substance.

The suspension for a refusal is not automatic, however. The officer has to initiate a process known as an Administrative license suspension, by filling out a form and sending it to the Department of Driver’s Services. You have 10 business days from the date of arrest to request a hearing, otherwise your license is automatically suspended, and the only way to get it reinstated prior to a year is to win the DUI case.

If the officer appears at the Administrative hearing he or she will typically agree to withdraw any one year suspension in return for a guilty plea to the DUI, meaning that you may be able to get a limited permit(if this is your first DUI in 5 years). In the event the officer does NOT appear and you have not provided a chemical test, the State my have insufficient evidence of your blood alcohol level which could help you win your case.

So should you blow or not?

If you are over 21,this is your first DUI in 5 years, and you have not had enough alcohol to get above the legal limit of .08, then you should blow after arrest AND request an independent test of an “other bodily substance”. If the officer doesn’t reasonably accommodate you, their breath test results might not be admissible against you at trial. (I am not sure whether there is any “other bodily substance” that tests for alcohol)

If you are under 21 and pulled over for DUI, you should not blow because your legally permissible BAC level is only .02, which is not much alcohol.

If this is your 2nd DUI in 5 years, you might consider not taking any State chemical test as another conviction will result in a one year suspension with no limited permit anyway.

As you can see, the question of whether to take the State test after arrest is really not so simple. The best advice is to not drink enough alcohol based on your weight to get even close to the legal limit, whether it is .02 or .08.