Reader’s Question:

I live in Northeast Cobb, Georgia and I haven’t been actually caught drunk driving. I heard from people that there are some tests done on people arrested for DUI. Could you give me some insights on blood alcohol tests and what happens if a person refuses to do the test?

Zaida

Northeast Cobb, GA

Following a DUI arrest in Northeast Cobb, Georgia, the police officer must request the person to submit to and successfully complete any chemical test (blood, breath, urine or other bodily substance) that the officer designates to determine the blood alcohol content (BAC). If the person refuses to submit to the chemical test, or doesn’t successfully complete the test, his/her driver’s will be suspended for 12 months for a first-time offender. Any failure by the individual arrested for DUI to expressly agree to the test, or to successfully complete the test is deemed a refusal.

Sometimes the breath test machine is not working and the police officers being too poorly trained or too narrow-minded, tells you that it is your fault and that you are playing games with the breath test machine. Before the test, the person must be be informed that if the test shows a BAC of 0.08 percent or more when driving a personal vehicle or 0.04 percent or more when driving a commercial vehicle, the person’s license will be suspended for at least 90 consecutive days. Any individual who is unconscious, dead or otherwise incapable of refusing to submit to a test is deemed not to have withdrawn consent for the test, and a test can be administered (usually a blood test).

Tags: drunk driving laws, DUI, DUI advice, DUI arrest, DUI lawyer