Georgia law enforcement agencies are increasingly adopting the federal government’s No Refusal Weekend program to combat drunk driving. Attorney Simon Peed wants you to understand your rights and how to protect them if you are stopped during one of these enforcement periods.
What You Have the Right to Refuse
Even during a No Refusal Weekend, you have the right to refuse:
- Answering questions about whether you’ve been drinking.
- Taking a field sobriety test.
- Submitting to a portable breathalyzer test.
- Submitting to a station breathalyzer test (though this may result in a longer license suspension).
- Allowing a search of your car.
- Discussing anything beyond your license, registration, and proof of insurance.
You also have the right to speak to an attorney at any time. Avoid making statements like “I only had one drink” or providing excuses such as being tired, as they can be used against you.
What Happens During No Refusal Weekends
Under the No Refusal Weekend program, police officers can quickly obtain a warrant to draw your blood if you refuse a breathalyzer test. Once the warrant is granted, you cannot refuse the blood draw without facing additional consequences.
However, a skilled attorney like Simon Peed can challenge the legality of the warrant. If it’s determined that the warrant was improperly issued, any evidence obtained from it—such as your blood alcohol content—can be thrown out of court, weakening the prosecution’s case against you.
Why Understanding Your Rights Matters
No Refusal Weekends are designed to make it easier for law enforcement to gather evidence, but warrants issued during these times are often rushed and may not hold up to legal scrutiny. Knowing your rights can protect you from providing unnecessary evidence that could lead to a DUI conviction.
If you’ve been arrested for a DUI in Georgia during a No Refusal Weekend, Attorney Simon Peed can help you challenge the evidence, fight the charges, and protect your rights. Call today for a consultation.
