Question: I was arrested in Woodstock, Georgia, for DUI. I was driving home after a day of playing tennis in Buckhead. We did drink a lot while playing and after the matches I went with a friend and had dinner. We had drinks at dinner and then we went to a bar in Alpharetta. Since it was my birthday people bought me some drinks – beer, wine and some wonderful vodka.
When I was driving from Alpharetta to Woodstock, which is where I live, I got stopped by a Woodstock policeman. I don't really remember what happened. I guess I was too drunk to recall what happened. I think I did some tests and I think I got sick.
I know from my first DUI in Forsyth County that a cop must read you a card with your rights on it. I know if they don't read you the card that could help my defense. I think the police officer read me the card. But I couldn't understand it. I was too drunk to understand what he was saying. I didn't understand the policeman so I didn't take the breathalyzer test. Can I use the fact that I was intoxicated as an excuse for not taking the breath test? I know that this can impact my driver's license.
Answer: The courts have held that intoxication which prevented a defendant from understanding his or her implied consent rights is not justification for refusal to submit to a breathalyzer test. Milner v. Department of Public Safety, 153 Ga. App. 313, 265 S.E.2d 310 (1980).
Please know that when you refuse a blood, breath or urine test, you have 10 days to submit an appeal to the Georgia Department of Driver Services. That is known as a "10 day letter."
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