If you are pulled over in Macon or other parts of Georgia under suspicion of driving under the influence (DUI) and refuse to take a breath test, don't be surprised if the police force you to take a blood test.

The New "No-Refusal" Practices

Under Georgia law, a DUI suspect has the right to decline a field sobriety test and a urine, breath or blood test. Despite this right of refusal, a suspect can be arrested for DUI, if he or she declines testing. Police may arrest a DUI suspect if there is evidence giving probable cause to arrest. Evidence such as the driver smelling of alcohol, the presence of open containers, slurred speech or other telltale signs of inebriation can constitute probable cause.

With the new practice in effect, if there is probable cause and a suspected driver declines to take a breath test, the police can arrest the driver and transport him or her to the police station. As a warrant is necessary to force a blood test, the police can contact a magistrate and get a search warrant to take the suspect's blood. Once the blood is drawn and tested, it can be used in evidence against the suspect.

Currently, this law enforcement practice only applies to suspected DUI offenders who are pulled over by the State Patrol's DUI task force and Douglas County sheriff's deputies. However, according to the Atlanta Police Department, the entire APD may implement the practice soon.

An Attorney Can Help

If you are charged with driving under the influence, it is important to contact an experienced Macon DUI defense attorney right away, as the penalties can be strict. An experienced attorney can advise you of your rights and prepare an effective defense based on your individual circumstances.

Source: "DUI test refusals prompt blood warrants," The Atlanta Journal-Constitution, 12/23/11