Earlier this year, the Georgia Supreme Court made a huge change to the state's DUI Law by making the decision that if a driver refuses to take a breathalyzer test during a DUI investigation, that refusal cannot be used against them at trial. The Justices decided that using a driver's refusal to submit to a breathalyzer against them violated the protections provided by the Georgia Constitution.
This Supreme Court decision brought about House Bill 471. The bill corrected the language of the Implied Consent Notice that police officers read to drivers pulled over on suspicion of driving under the influence.
Before this year, a police officer conducting a DUI investigation would tell the driver that the breathalyzer test could be used against them in a future criminal case. Now, this verbiage is considered a violation of the Georgia Constitution.
In order to make breathalyzer tests mandatory again, there would have to be a constitutional amendment. This requires two-thirds majority votes by both the House and Senate, followed by approval from a majority of Georgians.
As a Fulton County DUI Lawyer, it is important for me to point out that the Georgia General Assembly passed House Bill 471, and Governor Brian Kemp signed the bill into law in April. This means that while an officer can still mandate blood and urine tests, they can only ask drivers to submit to a breathalyzer test voluntarily.
Blood Alcohol Content Testing in Fulton County
There is no method of sobriety testing that is 100% accurate, including field sobriety tests and all types of breath and blood tests. In fact, there are factors that can affect the breathalyzer results. These factors include:
- Blood in the mouth
- Hypoglycemia, etc.
Moreover, both blood and urine tests each have their own set of problems, and should be investigated by an experienced Fulton County DUI Attorney.
Unless arrested for DUI in Fulton County, most drivers are unaware that a refusal to submit to a blood alcohol content test is a punishable offense. The penalty includes an extended license suspension.
Do not face the penalties of a DUI on your own. If you were recently arrested on a DUI charge in Fulton County, contact our offices today. We have over 50 years of combined experience and are here for you.
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