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DUI: I Was Too Drunk To Understand My Rights

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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If you have been arrested for DUI in Woodstock, you need to speak with an experienced Woodstock DUI lawyer. We offer experience, knowledge and aggressiveness. We're always here for you, day or night. Just call us at 678-215-4106.

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