Before you have been arrested in Georgia for DUI, you maybe asked to blow into a hand-held device that the police officer has in the field at your vehicle. This is usually a PBT, or preliminary breath test, also known as a “breathalyzer.” This test is not mandatory, and while it gives a numerical breath alcohol reading, only a positive or negative indication is currently admissible in Georgia courts.
After arrest, Georgia police officers are trained to read a DUI suspect the Georgia Implied Consent Notice in an effort to obtain a blood, breath, or urine sample. If you have been read implied consent, and are either told to give a breath sample in Georgia’s Intoxilyzer 5000, or submit to a blood draw, this is the official chemical test for the state’s DUI case against you. Refusing to this testing will subject you to a driver’s license suspension for your alleged refusal. A refusal suspension is a one year suspension, and you are not eligible for a hardship, work, or limited permit under Georgia law.
Oftentimes, and understandably, clients are confused because they ‘refused,’ yet they blew into a breath machine on the roadside. After you take a road-side breath test, and are still placed under arrest for DUI, many people refuse further testing. After all, what good did it do you the first time? Regardless, the Intoxilyzer 5000 is the test most often demanded under Georgia’s implied consent notice. A refusal to submit to this testing will give the officer the right to suspend your license for one year on a first lifetime DUI charge, with no possibility of a ‘hardship’, or Georgia limited driving permit. It is crucial to speak with me as soon as possible after your release from jail to analyze your evidence and determine the best possible course for your defense.