DUI Chemical Tests: Should You Take Them

At Green & Delan, LLC, one of the most common questions we get from clients who have been charged with DUI is, "Should I have refused to take the blood and breath tests?" Because no two situations are exactly the same, the answer is, "It depends." Although we discuss a few situations below, it is important to obtain personally tailored answers that address all of the variables in your situation.

Regardless of whether you took these tests, refused to take these tests or are reading this page on behalf of a loved one who has recently been arrested in Alpharetta or Peachtree Corners, GA, we invite you to contact us so that you can receive customized answers that address your particular circumstances. You can learn more about our free consultation services here.

Here are two common scenarios involving sobriety tests and chemical tests in Georgia that illustrate whether you should take these tests:

1. Scenario 1: You have only had two beers and then decide to drive. In most instances, that will not be enough to get you anywhere near the limit of .08 blood alcohol concentration (BAC). If you have truly had only two beers, it will likely be fine for you to take a Breathalyzer or blood test.
2. Scenario 2: You have been pulled over after having more than two beers. The police officer keeps telling you that you must take the tests or you will lose your license. You feel like you are being pressured to take the tests. In this situation, you should politely and respectfully refuse the tests and contact a lawyer as soon as you are able.

Remember: Sobriety and chemical tests are designed to gather evidence against you, not help you. A conviction can lead to serious penalties that can affect you for the rest of your life.

If you refuse to take a breath or blood test, your driver's license will be suspended. However, you have 10 days to request an administrative hearing where you can seek to have the suspension reversed. We have extensive success in these license suspension matters, but time is of the essence. Contact us immediately if you have refused to take any test related to a DUI arrest.

Contact us online or call 770-674-0400 to arrange a free consultation with attorney Larry Delan and discuss your DUI case. Larry is a former prosecutor who has more than 20 years of experience as a lawyer.

From our conveniently located office in Peachtree Corners, GA, we serve clients in the Atlanta area, in Fulton and Gwinnett counties and across the region.