As soon as is reasonably practicable after a person is arrested for DUI in Georgia, the Law Enforcement Officer (LEO) should read the Georgia Implied Consent Notice in which he requests a sample of the motorist’s Blood, Breath, or Urine. The motorist can agree to the request, or he can refuse to provide a sample. If the motorist agrees to the LEO’s request, then the motorist can request his own independent test of his own choosing and at his own expense, and the LEO must reasonably accommodate the request. If the motorist refuses to provide the sample at the LEO’s request, then he is not entitled to an independent test.
In order for any results and/or a Refusal to be admissible, the LEO must comply with certain requirements regarding the manner in which he reads the Implied Consent Notice. However, in addition to the Implied Consent requirements, in order for a test result to be admissible, Courts have now determined that a motorist’s consent must also be actual and voluntary. As such, additional analysis and consideration must be given to the facts and circumstances of a case to determine whether a Blood, Breath and/or Urine Test is admissible in Court.
In order to determine whether any alleged Refusal or Test Result is admissible in Court, contact an experienced and knowledgeable DUI Attorney such as Joey Cowart to assist you.
