pulled over for 1 mo expired tag then dui arrest with refusal

[marincaligirl]

What is the name of your state (only U.S. law)? Georgia. Was pulled over early eve around 7 pm for an expired tag (1 mo.) My car smelled of alcohol due to the fact that a bottle of vodka broke in it just two days earlier; however I did have two drinks and a partial beer two hours prior to being pulled over. I was taking my friend back to her car at the bar where I had met her for drinks before we went to my house about 15 miles away. (it was my birthday the day before). I refused the breath because I thought surely those two drinks would register atleast .08 (I always heard that just one beer would register dui) and I was scared as well. I was given only two field sobriety tests which I thought I passed (although I asked to repeat the wat). I was given the eye test as well. I have had 7 eye surgeries on my right eye and have a degenerative back disease that affects my walking and balance sometimes. Would these conditions be a possible defense as well as only being given 2 tests?

 

[justalayman]

Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver’s license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more, your Georgia driver’s license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?

Did the officer read the above to you before you were arrested?

 

[ERAUPIKE]

You were actually given three FST's. You will need to produce evidence that your conditions contributed to your failure of these tests and not your BAC. What type of eye surgery have you had seven times? Did a doctor specifically tell you that you will fail a HGNT test? Will that doctor testify for you in court? Do you have documentation of your back problems? Will a doctor be willing to testify that it was your back and not the alcohol in your system that caused you to fail the FST's administered by the police?

Why did you refuse the PBT if you had already submitted to the FST's? You have a long and very expensive trial ahead of you if those two excuses are the avenues you wish to explore.

 

[ERAUPIKE]

You were actually given three FST's. You will need to produce evidence that your conditions contributed to your failure of these tests and not your BAC. What type of eye surgery have you had seven times? Did a doctor specifically tell you that you will fail a HGNT test? Will that doctor testify for you in court? Do you have documentation of your back problems? Will a doctor be willing to testify that it was your back and not the alcohol in your system that caused you to fail the FST's administered by the police?

Why did you refuse the PBT if you had already submitted to the FST's? You have a long and very expensive trial ahead of you if those two excuses are the avenues you wish to explore.

 

[davidmcbeth3]

Would these conditions be a possible defense as well as only being given 2 tests?

You would need to consult with an attny & he would likely need to consult with a medical expert.

 

[xylene]

I refused the breath because I thought surely those two drinks would register atleast .08

Consciousness of guilt will not work in your favor in a DUI refusal case.

 

[ERAUPIKE]

You were actually given three FST's. You will need to produce evidence that your conditions contributed to your failure of these tests and not your BAC. What type of eye surgery have you had seven times? Did a doctor specifically tell you that you will fail a HGNT test? Will that doctor testify for you in court? Do you have documentation of your back problems? Will a doctor be willing to testify that it was your back and not the alcohol in your system that caused you to fail the FST's administered by the police?

Why did you refuse the PBT if you had already submitted to the FST's? You have a long and very expensive trial ahead of you if those two excuses are the avenues you wish to explore.