If a law enforcement officer makes a serious procedural error when arresting you for driving drunk in Fulton County, your Georgia DUI defense case may benefit.
Georgia laws require an officer to inform you if you are under arrest. If you are under arrest, an officer will say you are under arrest for driving under the influence of alcohol or drugs. Following that statement, you will be handcuffed by the officer and placed in the back of his police vehicle, and then taken to the police station. It is important to remember how you were arrested, were you informed that you were under arrest, and all other aspects of your arrest, because those facts could help your DUI case.
When you are arrested, the officer is obligated to advise you of your implied consent notice. If you are 21 or older and were operating a non-commercial vehicle, the officer is required to tell you of your implied consent notice. This means that after the arresting officer reads you your consent notice; you then agree to or refuse a blood, breath, or urine test.
Why This Is Important
If your arresting officer does not inform you of your implied consent notice in Georgia, then the test results or a refusal to take the test is removed from evidence. This will really help your DUI defense and could be the difference between a guilty or not guilty verdict in your case.
If you have been arrested for a DUI in Fulton County, DeKalb County, Cobb County, or any communities near Alpharetta you should seek the help of attorney Scott Miller. Scott Miller is an experienced Alpharetta DUI lawyer who may be able to help you win your DUI case. There are many defenses in a DUI case, and the right attorney will find the right defense for you. Contact the Law Office of Scott Miller at 770-408-1001 so we can begin planning your DUI defense today.
