Posted by duijim in on November 30, 2016
A Channel 2 Action 2 News reporter was recently charged with driving under the influence after the report refused to take a Breathalyzer test during a traffic stop. The event in question occurred after law enforcement officers observed the motorist traveling 66 miles per hour zone in a 35 mile per hour zone.
Law enforcement later reported that the driver of the motor vehicle had glassy eyes and the odor of alcohol on the driver’s breath. After the driver refused to take a Breathalyzer test, law enforcement charged the driver with speeding, reckless driving, and driving under the influence. Although the details become increasingly complicated, all motorists in the state of Georgia must understand some essential information about driving under the influence in the state of Georgia.
How Breathalyzer Tests are Conducted
Breathalyzer tests are not only performed at the side of the road but can also be given at a detention center. Additionally, blood and urine tests to reveal intoxication can be given at a hospital, health facility, or police station. Many individuals are uncertain about exactly how a Breathalyzer test will be conducted.
In nearly all circumstances, a Breathalyzer device will be held up to an individual’s mouth and the individual will be told to blow into the device. After blowing into the device, a reading will appear on the device’s screen reporting the amount of alcohol in that person’s bloodstream.
The legal limit also depends upon the motorist involved: for motorists over the age of 20, the legal blood alcohol content is .08%, for individuals under the age of 21 the blood alcohol content is .02%, and for individuals over 20 years over who are commercial drivers, the limit is anything above .04% blood alcohol content.
Consequences of Such a Charge
Refusing to submit to this type of testing will subject an individual to significant penalties. Once an individual refuses to take a breathalyzer test, he or she will be presented with a 30-day permit. Individuals are able to request a hearing to challenge this type of driver’s license suspension within 30 days.
If an individual does not challenge this suspension, then it will extend to one year for a first refusal to a Breathalyzer test. It must be noted that after a suspension begins, an individual can restore his or her driver’s license by finishing an alcohol and drug use risk-reduction program and paying a fee of over $200. Individuals may also be obligated to perform a driver’s test before having their licenses restored.
Contact a Skilled Atlanta DUI Attorney
Individuals should remember that it often does not help to refuse to take a blood, breath, or urine test when arrested for driving under the influence.
If you are a motorist in the state of Georgia who is charged with offenses related to the results of a Breathalyzer test, consider retaining the services of an experienced Atlanta DUI lawyer at Yeargan & Kert, LLC who can help make sure that your case results in the most positive potential outcome.