Monticello, GA asked in DUI / DWI and Civil Litigation for Georgia

Q: How can a Sheriff Dept. Not have a Breathalyzer machine then say you refused one?

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I received DUI and on the ticket it stated that a test was administered then in the remarks it states I had refused all testing. At the scene I asked for a breathalyzer. None of the 3 units had one. I was then brought to the station and I asked again for a breathalyzer and was told there was not one. I continued to ask for a breathalyzer and was told they were going to get someone to come give me one. It never happened. And at this time I was also told they were taking my license. So 6-8 hours later I bonded out. My license was still in my wallet and they didn't give me anything stating my license was suspended. So my biggest concern here us how is it a Sheriff Department does not have a breathalyzer machine but then say I refuse it? Please Help.

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1 Lawyer Answer
Michael D. Birchmore
Michael D. Birchmore
  • Lawrenceville, GA
  • Licensed in Georgia

A: You are in a situation that cannot be fixed online. You need to retain competent counsel now to address your DUI case. You should not wait either. DUI cases have timelines.

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