When you are pulled over by law enforcement in Georgia on suspicion of driving under the influence (DUI), the situation can quickly become overwhelming. The prospect of undergoing DUI testing is daunting, and many individuals are unsure of what to expect during this process. Understanding the step-by-step procedures involved can help alleviate some of the anxiety and prepare you for what lies ahead. This guide will walk you through the DUI testing process in Georgia, from the initial stop to the final results, so you can be better equipped to navigate this challenging experience.
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The Initial Traffic Stop
The DUI testing process in Georgia begins with the initial traffic stop. Law enforcement officers have the authority to pull over a vehicle if they have reasonable suspicion that the driver is under the influence of alcohol or drugs. This suspicion may arise from erratic driving behavior, such as swerving between lanes, speeding, or driving too slowly. Once you are pulled over, the officer will approach your vehicle and ask for your driver’s license, registration, and proof of insurance.
During this interaction, the officer will be closely observing your behavior, speech, and physical appearance for any signs of impairment. Slurred speech, bloodshot eyes, the smell of alcohol, or difficulty following instructions may all be considered indicators of intoxication. If the officer suspects that you may be under the influence, they will likely ask you to step out of the vehicle to perform field sobriety tests.
Field Sobriety Tests
Field sobriety tests are physical and cognitive exercises administered by law enforcement officers to assess your level of impairment. These tests are designed to measure your balance, coordination, and ability to follow instructions. While you have the right to refuse to participate in field sobriety tests, doing so may have consequences, such as providing the officer with further suspicion of impairment.
He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments. Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive yearsGreg Willis has been successful at defending DUI cases (over 93% without a conviction)
One of the most common field sobriety tests is the Horizontal Gaze Nystagmus (HGN) test, where the officer asks you to follow a moving object, such as a pen or flashlight, with your eyes. The officer will be looking for involuntary jerking movements of the eyes, which can indicate intoxication. Another test is the Walk-and-Turn test, where you will be instructed to take nine steps heel-to-toe in a straight line, turn, and return in the same manner. The officer will be observing your ability to maintain balance and follow instructions. The One-Leg Stand test is another common test where you will be asked to stand on one leg while counting aloud. This test assesses your balance and ability to multitask.
It is important to note that these tests are subjective and can be influenced by factors such as nerves, fatigue, medical conditions, or even the weather. However, if the officer believes you have failed these tests, they may proceed to the next step of the DUI testing process.
Preliminary Breath Test (PBT)
After the field sobriety tests, the officer may request that you take a Preliminary Breath Test (PBT) using a portable breathalyzer device. This test measures your blood alcohol concentration (BAC) by analyzing your breath for alcohol content. The PBT is typically administered at the scene of the traffic stop and is considered a preliminary measure to determine whether you may be over the legal BAC limit of 0.08% in Georgia.
While the results of the PBT are not admissible in court, they can be used by the officer to establish probable cause for a DUI arrest. It is important to understand that you have the right to refuse the PBT, but refusing may result in the officer deciding to arrest you based on other observations or evidence. If the officer decides to arrest you for DUI, you will be taken to a police station or a testing facility for further testing.
Greg has truly mastered his craft. His preparation is second to none and his confidence helps reduce the nervousness and anxiety his clients face. He is a real life version of Harvey Specter and I highly recommend him.” - Travis Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case." - James Hellens Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way." - Anonymous
Implied Consent Warning and Formal Breath Test
Once you are under arrest for DUI, the officer is required to read you Georgia’s Implied Consent Warning. This warning informs you that by driving on Georgia’s roads, you have consented to submit to chemical testing of your blood, breath, urine, or other bodily substances to determine your BAC or the presence of drugs. The officer will then ask you to submit to a formal breath test using an Intoxilyzer device at the police station or testing facility.
The formal breath test is more accurate than the PBT and provides evidence that can be used in court. If you refuse to take the formal breath test, your driver’s license may be suspended for one year, and your refusal can be used against you in court. If you choose to take the test and your BAC is above the legal limit, the results will be used as evidence in your DUI case.
Blood and Urine Tests
In some cases, the officer may request a blood or urine test instead of or in addition to the breath test. Blood tests are typically used when drugs are suspected to be involved, as they can detect the presence of both alcohol and drugs in your system. A qualified medical professional, such as a nurse or phlebotomist, will draw the blood sample, which will then be sent to a laboratory for analysis. Urine tests are less common but may be used to detect drugs.
Like the breath test, you have the right to refuse the blood or urine test, but doing so may result in the same penalties, including the suspension of your driver’s license and the use of your refusal as evidence in court. If you agree to the test, the results will be used to build the case against you.
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Receiving the Test Results
Once the chemical testing is complete, the results will be processed and provided to law enforcement. If the results indicate that your BAC is above the legal limit or that drugs were detected in your system, these findings will be used as evidence in your DUI case. It is important to understand that even if your BAC is below the legal limit, you can still be charged with DUI if the officer believes you were impaired to the extent that it affected your ability to drive safely.
If you are charged with DUI, you will receive a citation, and your driver’s license may be confiscated. You will also be given a temporary driving permit, which is valid for 30 days. During this time, you must request an Administrative License Suspension (ALS) hearing to challenge the suspension of your license. Failing to request this hearing within the specified time frame may result in the automatic suspension of your license.
Legal Representation and Your Rights
Being charged with DUI in Georgia is a serious matter that can have long-lasting consequences. It is crucial to understand your rights throughout the DUI testing process and to seek legal representation as soon as possible. An experienced DUI attorney can review the circumstances of your case, including the validity of the traffic stop, the administration of the field sobriety tests, and the accuracy of the chemical testing.
Challenging the results of DUI testing can be complex, but with the guidance of a skilled attorney, you may be able to identify weaknesses in the prosecution’s case. For example, issues such as improper calibration of the breathalyzer, contamination of the blood sample, or violations of your constitutional rights can all be factors that may lead to a reduction or dismissal of the charges against you.
It is also important to remember that you have the right to refuse any or all of the DUI tests; however, doing so may come with significant consequences, including the suspension of your driver’s license and the potential use of your refusal as evidence against you. Understanding the implications of each decision you make during the DUI testing process is essential to protecting your rights and minimizing the impact on your life.
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What to Expect After DUI Testing
After the DUI testing process is complete, you will likely be released on bond or held in custody until your initial court appearance. At this stage, it is critical to have legal representation to help you navigate the legal system and build a defense strategy. The penalties for a DUI conviction in Georgia can be severe and may include fines, jail time, probation, community service, mandatory DUI education programs, and the installation of an ignition interlock device on your vehicle.
In addition to the criminal penalties, a DUI conviction can also have a significant impact on your personal and professional life. It may result in the loss of your driver’s license, increased insurance premiums, and a permanent mark on your criminal record. The consequences of a DUI conviction can affect your employment opportunities, housing options, and reputation in the community.
If you are facing DUI charges in Georgia, it is essential to have knowledgeable legal representation to guide you through the complexities of the legal system and protect your rights. At Willis Law Firm, our experienced DUI attorneys are dedicated to providing personalized legal counsel and aggressive defense strategies to help you achieve the best possible outcome in your case. Contact Willis Law Firm today for a confidential consultation and let us help you navigate this challenging time with confidence.