Can you be convicted of DUI if the results of a blood or urine test are positive for a controlled substance that you are not prescribed, even if the drug does not impair your ability to drive?
Whether to refuse the breath test in a DUI case and, if so, how to refuse is one of the most frequent topics that I am questioned about. This article addresses this important issue.
State of Georgia v. A.D. (Gwinnett County State Court)
Our
client was stopped by a member of the Gwinnett County DUI Task Force for allegedly speeding on I-85. After
approaching our client's vehicle, the officer detected alcohol on our client's
breath. Our client honestly acknowledged drinking that night. Our
client submitted to standardized field sobriety tests, and subsequent to his
performance of the field sobriety tests requested by the officer, our client
was formally arrested.The officer
requested that our client submit to a state-administered breath, but our client
wanted to speak with his uncle, who is a lawyer, before responding to the breath
test request.The officer refused our
clients request and treated our client's response as a refusal of the
state-administered breath test.Our client
was charged with DUI, speeding, open container, and no insurance.Gwinnett County DUI lawyer Ben Sessions entered a
not guilty on the behalf of our client and filed motions to suppress all of the
evidence arising from the stop and arrest of our client.At the motions hearing, the state was unable
to meet their burden of proof and all evidence in our client's case was
suppressed.Our client's DUI, no
insurance, open container, and speeding charges were dismissed.
If you need a Georgia DUI lawyer that will fight for your rights and is skilled enough to win your Georgia DUI case, contact our office today.