What Happens If I Refuse a Blood Test

If you get arrested by the police for driving under the influence in Atlanta, you may already be feeling ashamed, and even humiliated at the way the police are treating you. The police may make you do sobriety tests on the side of the road where everyone can see you, and have you blow into a breath test machine before arresting you. You may think it can't get much worse.

After you get to the police station, you may be just wanting the whole experience to be over. But imagine if an officer then tells you to roll up your sleeve because they are going to take a blood test. You may be wondering why they need a blood test if they have your breath test results. Can you refuse?

The short answer is yes, you can refuse a blood test. Unfortunately, it does not come without some repercussions. The good news is that there are no criminal penalties for your refusal. The bad news is that the Department of Driver Services will suspend your license for a year. You may think that a DUI will result in a suspended license anyway, but you can at least get a limited driving permit. But the administrative license suspension (ALS) for chemical test refusal won't allow you to get a limited driving permit.

All this is related to the Georgia implied consent warning. You have to submit to a chemical test, or you'll lose your license. If you do submit to a test, and your blood alcohol concentration (BAC) is over the limit, your license will be suspended, (0.08% or higher for most drivers; 0.04% for commercial drivers; and 0.02% for underage drivers). But even if you refuse a blood test, the prosecutor can still use your refusal as evidence against you at trial.

If you submit to a chemical test, but you don't trust the police, state crime lab, or the prosecutor, you can always get your own chemical test. If you are interested in getting an independent test, you will have to arrange it, and pay for the test.

DUI Blood Tests

It may be too late for you to make these decisions about whether to consent to a blood test if you already got arrested and gave the police a blood sample. But before you give up and accept whatever plea deal the prosecutor offers you, there may still be a chance for you to get your charges reduced or dismissed, or even get a “not guilty” verdict at trial.

Avoiding a DUI conviction can save you from jail time, DUI school, substance abuse counseling, community service, a suspended license, and thousands in fines and higher insurance costs. Think about this before you decide to plead guilty. Take the time to contact an Atlanta DUI lawyer who exclusively handles DUI cases to find out what your options are, and how you may benefit from professional DUI defense representation.

An experienced Atlanta DUI lawyer will investigate your case, including looking at all video and audio evidence. They will look for mistakes made by the police or the state crime lab, to see how the evidence against you may be compromised or shown to be unreliable. You shouldn't have to pay the price when the police didn't treat you fairly. So make sure you have someone on your side when you go into court.

Atlanta DUI Attorney

An over-the-limit blood test does not have to mean you will lose your license. If the state lab mixed up your test results, or the police didn't properly warn you about your implied consent, then you aren't getting treated fairly according to the law. As your experienced Atlanta DUI lawyer, I will stand up for you, and fight to keep you out of jail. Call me today so we can discuss your case, and fight to keep your driver's license.