You Have No Right to Contact a Criminal Defense Attorney After Your DUI GA Arrest
Upon hearing the implied consent notice, some people arrested for a Georgia DUI immediately ask to talk to a Georgia DUI attorney, but are told “no” by the arresting officer. Most Americans who are cuffed and under arrest BELIEVE that they are entitled to then speak to an attorney for DUI or criminal defense lawyer.
Our Georgia Supreme Court, less than a decade ago, ruled that police obtaining a timely test from the arrested person is more important than the constitutional right to counsel.
By virtue of the defective language in the implied consent law in GA, that the best DUI lawyers have argued compels the arrested person to take the test, only a person who knowingly violates the law (by a DUI refusal)
Other States Honor the Constitution & Allow Limited Attorney Contact
While a person is arrested for DUI-DWI in other states (e.g., NC) he or she will be told when and where a drunk driving attorney can be contacted, the Georgia Supreme Court has ruled that NO CONTACT can be had with legal counsel in GA, before the person has incriminated himself or herself, either by submitting to the test or by refusing the implied consent test.
This DUI refusal can be used to suspend your Georgia driver’s license, and can be used (by the criminal case prosecutor) as harmful evidence in a DUI criminal case, to argue that you did not want to face your numeric BAC levels (blood alcohol content) readings or drug results.
Despite changes in U S Supreme Court rulings in both 2013 (Missouri v. McNelly) and 2016 (Birchfield v. North Dakota), as applied to implied consent testing for alcohol, blood cannot simply be requested for officer convenience. Yet, the Georgia Legislature has ignored these rulings, and not changed the clearly defective language of the current implied consent card.
When a person hears the verbally-delivered advisement, he or she is told that the officer can ask for a blood test, and this is no longer constitutionally permitted for a DUI alcohol case, absent some other exigent circumstances (e.g., serious injury by vehicle GA, or vehicular homicide GA, or DUI-drugs, where a breath test cannot detect or quantitate drug quantities.
Unstated in the Georgia implied consent law notice currently in place is the fact that the results of your post-arrest testing on a breath alcohol test can also be used to convict you in the criminal court case.
This “mixing” of administrative driver’s license penalties (in the warning) and the use of post-arrest, self-incriminatory forensic tests to convict a person violates the Georgia Constitution, according to a Cobb State Court judge, which ruling is now being appealed by the State of Georgia.
Mr. Head won this suppression hearing in State Court of Cobb County in 2016, and is now trying to change Georgia DUI laws.
The Georgia implied consent law notice in Ga is part of a statute, OCGA 40-5-67.1. Law enforcement officers are authorized to read this “warning” to the arrested drunk driver, and the notice notifies you that a refusal to participate in the post-arrest testing will suspend your driver’s license for a full year.
This harsh loss of driving privileges, under the GA implied consent law, is among the toughest and in America.
Effective July 1, 2017, a new implied consent ignition interlock device (IID) alternative has softened the Georgia DUI law, but the consequences of refusal to test are severe.
A new Georgia implied consent driver’s license law that was passed by the Georgia General Assembly went into effect July 1, 2017, wherein a driver facing this inflexible, total loss of driving privileges, now can opt for a one-year ignition interlock device (IID) being installed, and then drive on that interlock restricted permit.
The risks and pitfalls of accepting this alternative are severe, but trying to find a way to drive (especially with an Atlanta DUI) is essential to most working people.
Drunk Driving Attorneys Are Standing by to Talk About Your GA DUI
If you need an attorney for DUI charges. whether an Atlanta first DUI offense or a 2nd DUI in GA, call our best lawyers in Atlanta. CALL our DUI Law Firm now. We are available 24/7 to speak to you.
You will be represented by a Georgia Super Lawyer in DUI Defense, and one of the best Atlanta DUI lawyers, not by an associate or contract lawyer.
The call is FREE. The lawyer consultation is FREE. (404) 567-5515