Can my DUI charge be “beaten” if I submitted to the state-administered test of blood, breath, or urine and if the test result showed that the content of alcohol in my blood or breath was greater than .08? 

YES. DUI charges can be “beaten” despite the fact that the state has a test result that allegedly shows that the alcohol content in your blood or breath was greater than .08.  In many cases, the state cannot show that the blood or breath test was obtained legally.   

• The stop of the vehicle must be legal.
• The questioning (including the administration of “Field Sobriety Tests”) of the accused must be legal. 
• The arrest of the accused must be legal.
• The arresting officer must properly inform the accused of Georgia’s “Implied Consent” law. 
• The blood or breath test must be properly administered.

Even if all of the state properly crosses each of these hurdles, a DUI charge can STILL BE BEATEN.  The state-administered test, like any other test, contains errors.  At McIlhinney & Sessions, we are prepared to challenge these test results at every stage of your case.

My arresting officer failed to read my “Miranda Rights.” Will this affect my DUI charge? 

YES. If the Court finds that the accused was in custody at the time that the accused is questioned by an officer, statements made by the accused may be excluded from evidence in the case if the accused was not informed of his or her “Miranda Rights.”  This is particularly important in a DUI case because the accused performance on “Field Sobriety Tests” may be excluded if the accused is in custody and not informed of his or her “Miranda Rights.”

Why was I charged with a “refusal” after I submitted to the “test” on the roadside and “refused” the “test” at the police station?   

The roadside “test” is administered by a portable breath test machine and the numerical result provided by this test is, in most circumstances, not admissible in trial against you.  The state-administered breath test at the police station is the “test” to which the implied consent notice applies. If you refuse the state-administered breath test, your license may be suspended for up to a year or more.  In such cases, it is critically important that you file a “10-day” letter.  Contact our office immediately if you have any questions regarding the steps that should be taken to retain your driver’s license.