06.09.09
To refuse or not to refuse
We are often asked by people whether to refuse state chemical testing after a DUI arrest.* It’s not a simple problem, and we generally don’t offer an opinion. On one hand, a test showing a blood alcohol content that is over the limit is generally a very serious problem, certainly one we would hope to avoid whenever possible. However, a potential year-long license suspension without a work permit for refusing the test is a very serious problem for the client, too. If one finds themselves in a DUI situation, you pretty much have to pick your poison.
As attorneys, we devote our attention to the facts and circumstances that resulted in a chemical test or a refusal, and the legal implications that result from the descision. We avoid telling people what to do for the next time they choose to have a drink and the drive.
However, from time-to-time it is a good exercise to see what other people “in the know” would do when faced with the decision to refuse or not to refuse. Here’s a link to a situation where a judge found himself in a difficult spot. We’ll see down the road what impact his decision had on the actual DUI case.
K&B, llc
* Note a distinction between state chemical testing after arrest and field sobriety exams. Field sobriety exams are always voluntary in Georgia. There is no requirement that you participate.
