A recent state Supreme Court ruling may affect Roswell, Milton and Alpharetta Georgia cases for years to come.
When you are arrested for driving under the influence (DUI) or driving while intoxicated (DWI), you are asked to submit to a breath, urine or blood test. Failure to submit will potentially eliminate your ability to drive for a year. It is based on an “implied consent” law that says if you accept a driver’s license the state can assume you have given your consent (implied) to a search of your breath, urine or blood.
When faced with that question of give us your blood vs. lose your license for a year, you don’t really have a choice. The Supreme Court of Georgia agreed with that argument.
In addition, if you are too impaired to understand your choices, you cannot give consent because a key element in consent is the ability to understand the consequences of the consent or the failure to consent.
The best way to understand the “legalese” behind the decision is to imagine your body as your house. Most of us know the police can’t look inside your house without a search warrant or unless you give them permission. That is protected under the fourth Amendment to the Constitution. If an individual isn’t truly aware of what rights they are giving up when they allow their breath, urine or blood to be “searched” then they cannot, by definition, give “informed” consent.
At Mitnick and Associates, we are constantly looking at how the law is changing so we can best represent our clients in the Roswell area, Alpharetta area and Milton area when they are charged with a DUI or DWI. The entire team at Mitnick and Associates is well-trained and experienced to understand all the legal ramifications and possibilities for defense in every case.
When you are on the side of the road, you may remember reading this. But, more often than not, the reader of this information has already been pulled over, arrested and charged with DUI or DWI in Roswell, Alpharetta or Milton. After you have been arrested, you need an experienced DUI lawyer (Dan Mitnick comes to mind!) with a strong legal team (Mitnick and Associates comes to mind!) to defend your rights and make sure you are not convicted.
Don’t wait until it’s too late to call. The minute you or a loved one is arrested, the first call upon release from jail should be to an experienced DUI attorney that practices in Roswell Georgia. The Mitnick and Associates team has years of experience defending DUI cases and can makes sure your rights are protected.
Attorney Dan Mitnick believes you are not guilty. Guilt is only established after a bench trial, jury trial or a plea of guilty is entered. Too often the facts in a case clearly show the person charged is actually not guilty, but it takes an experienced DUI lawyer to get to that information.
At Mitnick and Associates, we stay on top of the law and the changes in the law so we can best represent you. Don’t wait, call Mitnick and Associates today.