Do I have a strong case if I refused a breath test? I was pulled over in November. The officer said he smelled alcohol and asked for a field sobriety test but I refused. He then placed me under arrest? I was charged with dui and failure to maintain lane. What are my chances or options?
First – Because this happened in November of last year you are going to be “playing catch up”! If the officer filed a DDS Form 1205 your drivers license or privilege to drive in GA have most likely already been suspended. You should check the status of your drivers license – ASAP. If it is Suspended and you are stopped or go thru a Roadblock you will be arrested for driving on a Suspended License!
Second – refusing to take the Field Sobriety Tests (FSTs) is a good start in building your defense of the DUI charge. By not taking the FSTs you have not given the State evidence that they usually have in order to prosecute you.
Third – If you REFUSED the official state test of Blood, Breath or Urine you have also denied the state evidence that they normally rely upon in a DUI prosecution. However, DUI Refusal can have drastic consequences on your ability to drive in Georgia. As a result you should immediately consult with an experienced DUI attorney in order to understand how this could have affected your case.
Fourth & Finally – You should immediately consult with the best DUI defense attorney that is available to you!!! Only after a detailed consultation and review of the specific facts in your case can an attorney determine the best defense(s) available in your case. Don’t rely on what friends or family tell you – they are usually WRONG! Hire the best DUI defense attorney that you can – ASAP!!!
Good Luck with your case and get started NOW!!!