This Place About to Blow: DUI Chemical Tests
Columbus GA DUI Lawyer Mark Jones Discusses DUI Field Sobriety and DUI Breath Tests
Driving Under the Influence Chemical Tests and Georgia Law
In her hit single, Blow, pop star Ke$ha created a party anthem played in clubs throughout the United States. Kesha’s song is an electropop hit with a disturbing message: Kesha announces irreverently that, her crew is “taking over” a club and that others should “get used to it.” The chorus repeats, “this place about to blow.”
Indeed, Kesha’s partying followers in the club who attempt to drive home will very likely blow. They will blow into a roadside alco sensor or the intoxilyzer 5000 back at the police station.
So what happens when someone foolishly chooses to leave the club after drinking heavily and decides to drive home? If you are caught in Columbus, Georgia by a Nighthawk, you will likely face a driving under the influence citation. A traffic stop will be initiated if there is reasonable articulable suspicion to initiate a stop. Oftentimes this will come in the form of a failure to maintain lane, speeding, or red light charge.
What to Do if You Are Pulled Over
It goes without saying that the safest option is to have a designated driver and/or call a cab. If you were foolish enough to bypass those options, here are some general suggestions on dealing with a DUI traffic stop.
Remain Silent: From there, the officer will usually ask something to the effect of, “do you know why I pulled you over,” which essentially asks for an admission. Don’t take the bait here. Politely inform the officer that you are relying on your right to remain silent, but do provide him/her with your license and registration.
Decline any field sobriety tests — the sole purpose of these tests is to establish probable cause against you to arrest you.
Simply state that “I’m going to pass on that.” There is no legal requirement that you take any field sobriety test on the scene. See State v. Leviner, 213 Ga. App. 99 (1994); Stephens v. State, 271 Ga. App. 634 (2005). Those tests are scientifically unreliable, but I digress. The only legally required chemical test that you must consent to take is the state administered breath, blood, or urine test. Usually, this comes in the form of the intoxilyzer 5000.
Listen Carefully: To the extent that you can after drinking, listen carefully. The state-administered test is only admissible in Court if you are properly read the implied consent warning applicable to you. Basically, the implied consent warning simply informs you that your license will be suspended if you refuse to submit to the chemical test.
Decide Whether to Take the State-Administered Chemical Test:
Only you can make the choice on whether to take the state-administered chemical test concerning your DUI charge. If you refuse to take it, Georgia law provides for a one year hard suspension of your license. If you take the test and your BAC reads higher than .08 (for adult, non-commercial drivers), then you have provided the State of Georgia with evidence against you (assuming other foundational criteria are met) for a per se DUI conviction. Most people submit.
If you have received a driving under the influence citation, this is a very serious charge against you. Your chances at getting into college, obtaining a professional license, advancing your military career, saving your driver’s license, or escaping jail time are all very real concerns after a DUI citation.
You need Mark Jones on your side. Let Mark take on your problem and make it his problem. Call for a free consultation regarding your case at 706-225-2555 or 866-521-MARK (6275). Be sure to ask Mark about his military discount.
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