When you are charged with a DUI in Georgia, the situation can feel overwhelming. Being pulled over by law enforcement is stressful, and the thought of losing your license or facing criminal charges makes it even worse. One of the key factors in many DUI cases is the results of the chemical test. This test can determine the amount of alcohol or drugs in your system. However, what many people do not know is that you have the right to request an independent test. Understanding this right is critical because it can make a significant difference in your case. At, Willis Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.
BadAss Attorney
Best DUI Lawyers
DUI Defense Lawyers - Board of Directors
10 Consecutive Years Selected to Super Lawyers
Best Lawyers In America
AV Prememinent
AVVO 10
AVVO Client's Choice
AVVO
Best Lawyers Best Law Firms
What Is Independent Testing in DUI Cases?
In Georgia, when you are arrested for a DUI, law enforcement may ask you to submit to a chemical test. This test could be a breath, blood, or urine test, depending on the situation. These tests are used to measure your blood alcohol concentration (BAC) or the presence of drugs in your system. Law enforcement typically uses these results to charge you with a DUI if your BAC is over the legal limit or if drugs are detected.
After submitting to the state-administered chemical test, Georgia law gives you the right to request your own independent test. This independent test allows you to have your blood or urine analyzed by a laboratory of your choosing. Having your own test done can be an important step to ensure that the results from the state-administered test are accurate. Sometimes, mistakes happen during testing, and your independent test could help you avoid an unjust DUI conviction.
Why Is Independent Testing Important?
The chemical test results are often one of the most crucial pieces of evidence in a DUI case. These results can strongly influence whether you are convicted or not. However, the state-administered tests are not foolproof. Equipment malfunction, improper handling of samples, or human error can all affect the results. By requesting an independent test, you have the chance to challenge the accuracy of the state’s test results.
For example, the breathalyzer machine that law enforcement uses may not be properly calibrated. If the machine gives a false high reading, you could be charged with a DUI even if you were below the legal limit. An independent test gives you the opportunity to show that the state’s test results were inaccurate and that you were not impaired.
Independent testing is also important if you have medical conditions that may affect the results of the state-administered test. Certain medications or health conditions can give false positives in blood or urine tests. By having an independent test done, you can provide additional evidence that supports your defense and ensures the accuracy of the testing process.
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)
How Do You Request an Independent Test?
If you want to request an independent test in Georgia, it is important to understand the process. The right to an independent test must be exercised promptly after the state-administered test is completed. This means you need to make your request immediately after you finish the test given by law enforcement. The officer must reasonably allow you to obtain the test, but they do not have to take you to the testing facility themselves.
It is important to be clear and specific when asking for an independent test. You should tell the officer that you would like to have your own test done at a different facility. If you are unsure of where to go, you may want to have a hospital or laboratory in mind ahead of time, as the officer is not responsible for helping you find one. Once you request the test, it is up to you to arrange for it to be completed.
If law enforcement denies your request or does not reasonably allow you to obtain an independent test, the results of the state-administered test may be challenged in court. Denying your right to an independent test could result in the test results being excluded from evidence, which may weaken the prosecution’s case against you.
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
Challenges You May Face with Independent Testing
While independent testing is an important right, there are some challenges that you may face when trying to exercise it. First, the timing of your request is critical. If you wait too long to ask for the test, it may be too late to obtain accurate results. Alcohol and drugs can leave your system relatively quickly, so time is of the essence when it comes to testing.
Second, you may face logistical challenges in finding a facility to perform the test, especially if you are in a rural area or the arrest happens late at night. Not all hospitals or laboratories offer the kind of testing that is needed for DUI cases, and transportation to the facility can be difficult if you are already in custody.
Finally, paying for the independent test is your responsibility. Unlike the state-administered test, which is paid for by the government, the independent test will come out of your own pocket. This can be costly, especially if you need both blood and urine tests done. However, the cost of the test can be worth it if it helps you avoid a DUI conviction.
Your Rights During a DUI Arrest
Understanding your rights during a DUI arrest in Georgia is key to protecting yourself. You have the right to refuse the state-administered chemical test, but there are consequences to refusing. Georgia has what is called an “implied consent” law, which means that by driving on Georgia’s roads, you have already consented to taking a chemical test if you are arrested for a DUI. Refusing the test can result in the automatic suspension of your driver’s license for up to one year.
Related Videos
Choosing a Georgia DUI Attorney
Defenses and Strategies to Defend a DUI Charge
However, even if you take the state-administered test, you still have the right to request an independent test. This is a separate right, and it is important to know that the officer must allow you to exercise this right. If you feel that your rights have been violated during the arrest process, it is crucial to seek legal advice immediately.
Your rights during a DUI arrest extend beyond just testing. You have the right to remain silent and the right to legal representation. Anything you say during the arrest can be used against you in court, so it is often best to wait until you have spoken with an attorney before answering any questions. You also have the right to a fair trial and to challenge the evidence that is presented against you, including the results of the chemical test.
How a Lawyer Can Help with Independent Testing
Navigating the DUI process in Georgia can be complicated, especially when it comes to understanding your rights to independent testing. A lawyer can help you in several ways. First, they can make sure that your request for an independent test is properly documented and that law enforcement follows the proper procedures. If your right to an independent test is violated, your lawyer can work to have the state-administered test results excluded from evidence.
A lawyer can also help you arrange for the independent test and ensure that the results are properly handled and presented in court. This is especially important if the results of the independent test differ from the state’s test. Your lawyer will use the results to build a defense on your behalf, potentially showing that the state’s test was inaccurate or unreliable.
A lawyer can help you understand all of your rights and options throughout the DUI process. They can explain the legal consequences of a DUI conviction and work to get the charges reduced or dismissed whenever possible.
If you have been charged with a DUI in Georgia, it is crucial to know your rights, especially when it comes to independent testing. An independent test could make all the difference in your case, but navigating the legal system can be difficult without the help of a skilled lawyer. At Willis Law Firm, we are here to guide you through every step of the process. Whether you need assistance with requesting an independent test or defending against DUI charges, we are ready to help. Call us today for a consultation.