Breath Refusal/Forced Blood Draw Lane Violation – State V. C.A.

Defendant, a registered nurse, was stopped for a lane violation after watching a football game at a local sports bar. She was asked to perform field sobriety tests and was arrested for DUI. She refused to take the State’s breath test, and the police officer obtained a search warrant to draw her blood at the Fulton County jail.

The results were a .12. The officer wrote his arrest report prior to the blood test being completed by the Georgia Bureau of Investigations Crime Lab. In court, the prosecutor was unaware until the morning of trial that the blood test had been done.

During a pretrial conference, the police officer agreed not to oppose Defendant’s request to dismiss the DUI charge and let her plead guilty to Reckless Driving. The prosecutor instead chose to reduce the charge to Failure to Maintain Lane so she would not have to re-file the accusation on a very busy court day.

Often, those who have been arrested for driving under the influence aren’t aware of their rights. Our Atlanta DUI attorneys can help them to protect themselves during a difficult time


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