info@hlfranklin.com

Should I Ever Refuse to Take a Breathalyzer?

While driving under the influence is never a good idea, if you have been charged with DUI, chances are you deeply regret driving a car after indulging in too much alcohol. This type of charge is often accompanied by a wide variety of scenarios and outcomes, as well as a range of severity in terms of actual blood alcohol concentration (BAC) and the damage done to others. Penalties vary too, depending on factors like whether you are of age, the BAC level, whether someone was injured or killed, how much property was damaged, and prior offenses.

Seeing those blue lights flashing behind you is one of the most dreaded moments imaginable, but if you are prepared to handle such a situation with a calm and respectful attitude, it will end much better; however, that does not mean that you must answer questions or even take a breathalyzer test if you are uncomfortable doing so. In Georgia, if your BAC is .08 percent or higher, you are considered intoxicated by law. And if you are under the age of 21 with a BAC of .02 percent or higher, you can be charged with DUI in what some consider to be an extreme law meant to deter underage drinks—and especially to deter them from getting behind the wheel after drinking.

You have the right to refuse any types of tests, and the police officer who stops you should inform you of that right. It is also to important to remember that even if you take field sobriety tests and pass them, you could still be charged with DUI for other reasons.

Exercising your right to say no to tests on the scene comes at a cost, however, usually in seeing your license suspended for at least six months. If you have been charged, this is not the time to go it alone. It is in your best interest to say as little as possible to law enforcement. With the help of an experienced DUI attorney you may be able to avoid such a suspension and other penalties, although you may still expect to be required to pay fines or have an ignition interlock device (IID) in your car.

You probably have many questions if you have been charged with DUI, from wondering whether you will have to go to jail to worrying about getting your license back. Speak with an experienced DUI attorney from the offices of H. Lehman Franklin, P.C. Call now to learn more at 912-764-9616, or contact us online.