Should you find yourself being pulled over on suspicion of a DUI offense in Marietta, it is likely that law enforcement will request you take a breathalyzer, blood,or urine test. You are well within your rights to opt out of such tests, but it is important to understand that refusal may lead to a suspension of your driver's license for 12 months.
Findings of chemical tests can potentially make or break the court hearing. A proven blood alcohol content (BAC) of at least .08% (.02% for underage drivers and .04% for operators of commercial vehicles) constitutes grounds for a DUI conviction in the state of Georgia. Lacking chemical test results leaves the prosecution with a case based solely on the account of the arresting officer regarding your demeanor at the time of the stop, and, in some instances, video footage of the incident. For obvious reasons, the prosecution is able to build a more solid case when armed with positive results of a chemical test for evidence submission.
SEEKING LEGAL COUNSEL AFTER A DUI ARREST IS CRITICAL
Breath tests are generally conducted at a police station or at the jail. If the arresting officer suspects any drugs are involved he may ask for a blood test. The officer has the option to designate the type of test he requests. If he requests a blood test he will take you to a hospital for your blood to be drawn. The he must take the blood sample from the nurse in a sealed container and mail it to the state crime lab in order for the results to be admissible in court. Analysis performed at the hospital ARE NOT admissible in court.
YOU HAVE THE RIGHT TO AN INDEPENDENT TEST
After you submit to the Officer's requested test you have the right to have your own independent test done by someone of your own choosing. You will have to pay for the test. Typically you would ask for a blood test at a nearby hospital. In this instance you can request the hospital to do the analysis. The officer is required to reasonably accommodate you in getting your independent test. For example, if the hospital requires cash payment for the test and there is an ATM nearby the officer must take you to the ATM so you can get cash to pay for the test.
WE CAN HELP – Contact the Marietta DUI Attorneys at Webb & D'Orazio Today
The attorneys at Webb & D'Orazio are well-versed in the law surrounding a DUI charge in Marietta, or anywhere in Cobb and Paulding County. Should you find yourself in such a predicament, we strongly recommend contacting us at (770) 952-7000. Regardless of an illegal BAC, our skilled criminal defense lawyers can build a strong defense. Webb & D'Orazio will determine the validity of the BAC test and whether or not the test was conducted correctly.