DUI Test Refusal in Georgia

When you are arrested for DUI, the officer has got to read you a card. They take it out of their wallet normally, and right now it’s an orange card so they know they’re reading the right version. It says that you’re required to give either a breath sample or blood sample. You have the right to say no to that. Now it used to be that they would be able to use that no against you in court, but the Georgia Supreme Court ruled that they can no longer use that refusal against you because that’s you exercising your right to remain silent.

Just like in other criminal cases, you don’t have to talk to the officers. You don’t have to give them additional evidence. You don’t have to give them a breath sample. You don’t have to give them a blood sample. You have the fifth amendment right to remain silent and say no. There are consequences from that. Your license is going to be suspended.

I was a prosecutor for about 10 years and that let me see how police go about things, how prosecutor’s offices think about things, how they present cases. And that lets me bring a very different perspective to your case, to looking at the facts or presenting things in court, than a lot of other attorneys can do. Instead of just defending certain aspects of the case, I prosecute your defense.