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Any vehicle stop has the potential to become a DUI investigation, even if you’re not guilty! It’s important that you know your rights. Georgia Law does not state that driving with any alcohol in your system is illegal, only that the State must prove you are an impaired driver because of alcohol, or that your per se blood alcohol concentration is .08 or higher. In order to determine your blood alcohol concentration, the State will need either a breath test, or a blood test.
You have a Constitutional Right to deny all testing. You read that correctly. You have a total right to deny any and all field sobriety tests, and any breath or alcohol tests. There is the possibility of a one year license suspension for refusing a blood or breath test, but this suspension is NOT absolute.
Blood and breath tests are not always accurate. Remember your rights when you are stopped for DUI.
If you are notsure you should be driving, use this test first http://www.alcoholhelpcenter.net/program/bac_standalone.aspx, but remember, the safe amount of alcohol will vary by person and circumstance.
Stay safe, be smart, and know your rights!
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.
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