In Milton, GA, a DUI arrest usually begins with an officer first making a traffic stop for weaving, speeding, or some type of erratic driving. A DUI arrest is often the result when cars are pulled over at a DUI checkpoint when police pull over every vehicle to check for DUI. After the vehicle is stopped, the officer begins his or her interrogation of the driver. The officer tries to get the driver to make incriminating statements and to submit to field sobriety and BAC testing that can later be used against the driver in the City of Milton (or the state of Georgia‘s) DUI case.
If a breathalyzer or intoxilyzer is refused, it is a violation of Georgia's implied consent law and there is an automatic one year license suspension. (Which can be appealed and won if the driver acts timely.) On the other hand, if the driver takes the breathalyzer or intoxilyzer and the result is a .08 or over, then the driver will be presumed to DUI and will be charged with DUI per se - which means presumed under the law to be impaired.
A diligent and experienced Milton DUI lawyer can help. As is often the case, the arresting officers did not have probable cause to make the traffic stop in the first place. Law enforcement officers in Milton often improperly administer field sobriety tests and breathalyzers or intoxilyers. In addition, breathalyzers and intoxilyers are erratic and unreliable. Attorneys at the Law Office of Richard Lawson are familiar with the proper standards of such tests. Our attorneys can impeach the police officers at your hearings and trials. Contact us today for a free consultation.