Tag Archives: DUI arrests

New Advice on Whether to “Take the Test” After DUI Arrest

For many years, I have advised people to “refuse” to take a State blood, breath or urine test after arrest if they thought they might register above the legal limit of .08.  Now, due to changing conditions, we must rethink that position.

Georgia law says that if you are arrested for DUI, you are “required” to take a test of your blood, breath, urine, or other bodily substance. However, you do have the right to “refuse” to take such test(s). If you take the test(s), you have a right to an independent test of blood, breath, urine, or “other bodily substance.”

should you take test after dui arrest

The question of whether to take a state test after arrest has always been a troublesome one. On one hand, Georgia law says that when you “refuse” to take a test, your license could be suspended for a full year. That is known as an administrative license suspension (ALS) and must be initiated by the arresting officer.   So, if you could get past the license hearing, you had done yourself a favor by not providing the State with your blood alcohol level.

The problem is, we are seeing more and more cops showing up for the ALS hearing and insisting that our clients sign an agreement whereby the client agrees to plead guilty to the DUI, and the cop then agrees to withdraw any one year suspension.  These agreements, under a recent Georgia case, can now be admitted into evidence against you, if you decide to go back on the agreement and fight the DUI.

Georgia law says that if you refuse testing, then “NO TEST SHALL BE GIVEN.” However, the legislature changed the license law a few years ago to add that nothing in the law would prevent a police officer from “obtaining evidence by other means”.  Recently, some police agencies have started obtaining search warrants to forcibly draw a person’s blood if that person has refused to agree to a State breath or blood test. Not only that, but these officers are also seeking a one year license suspension even after obtaining the suspect’s blood!

While there are currently legal actions arguing that a person or driver’s rights are violated by these forced blood draws, we must take another look at our options when deciding whether to take the test or not.

If you refuse to take the test, not only are you subject to losing your license for a full year with no permit, you may also have your blood drawn, with the results able to be used against you.

Once you do take the designated State tests, you are entitled to an independent test of your own choosing of your blood, breath, urine, or other bodily substances . Once you request an independent test of your choosing, the officer must “reasonably accommodate your request, or otherwise the State test cannot be used against you.  As I am not aware as to whether the State is capable of testing “other bodily substances” for blood alcohol level, you might consider requesting an independent test of a bodily substance other than blood, breath or urine.

I would suggest you specifically request a test of either hair or saliva. Then, the burden shifts to the officer to reasonably accommodate your request. For more information, contact me, Mickey Roberts. Be sure to follow me on FacebookTwitter, and Google+ for Georgia law updates and news.

5 Questions to Ask When Hiring a DUI Lawyer

It’s an understatement to say that being arrested for driving under the influence (DUI) can be an overwhelming experience. Even in the first moments, you begin to consider what the next step should be.  According to Georgia DUI attorney Mickey Roberts, the logical next step is to find a great lawyer who can address your case effectively and professionally. Below, he provides five key points that should be brought up when selecting your DUI attorney.

  1. Don’t be afraid to ask questions. Thoroughly learn the lawyer’s background and experience. Inquire about where they attended law school and their time of graduation, as well any membership in bar organizations and length of practice.
  1. Get a feel for their client base. How long has the lawyer been representing clients facing DUI? Is it their specialty, or just something done on the side? How many clients are represented each year?
  1. Their success is your business. Ask about their success rate within the court, and welcome feedback on your case so they can understand the charges and if they believe they can take you on as a client. If you’re satisfied with the amount of cases won, it’s a good indicator that this is a trustworthy lawyer for you.
  1. Assess your case. Lay out the details of your arrest and the charges you’re currently facing. Ask the lawyer what they would recommend in terms of a guilty plea or trial. Request for them to lay out the factors in your case that work in your favor or against you to determine how the DUI lawyer will aggressively defend you in court.
  1. Consider the cost. Yes, DUI arrests can be expensive. But think about the possible outcomes: you could lose your driver’s license, experience an increase in insurance premiums, DUI school, fines, and possible jail time. And of course it costs money to hire a lawyer.

After meeting with your potential attorney, evaluate. Consider what you heard about their experience, success rates, and applicable fees. Do your research. If you believe the attorney will fight hard for your case and value your triumph over your charges, hire them! To contact a reputable DUI in Georgia, call Mickey Roberts. Be sure to follow Mickey Roberts on FacebookTwitter, and Google+ for traffic law updates and news.

50 DUI Arrests in Gwinnett over the 4th: So what?

The Gwinnett Daily News reported that Gwinnett Police arrested 50 folks over the 4th of July weekend. My question: SO WHAT?

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The above information is intended to help educate members of the Georgia motoring public as to their rights under the law and to assist presumptively innocent citizens in properly asserting those rights. Information within this site should not be misconstrued as legal advice.
DUI arrests