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Posts tagged "implied consent"

Supreme Court: Absent emergency, warrant needed for DUI blood draw

On behalf of The Law Offices of James M. Miskell, P.C. posted in DUI on Thursday, April 25, 2013

In Georgia, which, like most other states, has an implied consent law, a driver agrees as a prerequisite to getting his or her driver's license to the administration of a breath test in the event a police officer has probable cause to suspect DUI.

As we have noted in past blogs, refusal to take a chemical test can have serious consequences. For starters, a driver can suffer a license suspension of up to one year for a first-time refusal. In addition, a police officer can obtain a warrant and then subject a motorist to a forcible blood draw at a hospital.

Continue reading Supreme Court: Absent emergency, warrant needed for DUI blood draw

Tags: DUI, breath test, drunk driving, implied consent

Focus: The impact of Georgia's implied consent law in DUI cases

On behalf of The Law Offices of James M. Miskell, P.C. posted in Driver's License Suspension on Thursday, July 5, 2012

One aspect and potential consequence of a drunk driving stop and arrest in Georgia and elsewhere across the United States that is not well understood by many people is whether a suspect has a right to refuse to undergo chemical testing when requested to do so by a police officer or state trooper.

State laws on chemical testing pursuant to a DUI stop -- blood, breath and urine -- vary, but a number of states, including Georgia, have an "implied consent" law regarding testing. Simply stated, and as a prerequisite to obtaining a driver's license in Georgia, every motorist agrees to such testing.

Continue reading Focus: The impact of Georgia's implied consent law in DUI cases

Tags: DUI, breathalyzer test, drunk driving, implied consent

Braves' Player Refuses Breathalyzer Test, Charged with DUI

On behalf of The Law Offices of James M. Miskell, P.C. posted in DUI on Tuesday, May 3, 2011

Derek Lowe, professional baseball pitcher for the Atlanta Braves, throws fast.

According to the Georgia State Patrol, he also drives fast.

On top of that, he drives drunk.

Fast and inebriated most definitely did not lead to a happy conclusion for Lowe last Thursday evening, when he was charged with DUI around 10 p.m. in Buckhead. A patrol officer stated that Lowe smelled of alcohol and was administered a field sobriety test, which he failed.

Continue reading Braves' Player Refuses Breathalyzer Test, Charged with DUI

Tags: Atlanta Braves, DUI, breathalyzer test, field sobriety test, implied consent, speeding

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The Law Offices of James M. Miskell, P.C.
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