Once the officer determines that they’re arresting you for DUI, they’re going to pull out a little card a lot of times from their pocket and read it to you. In the state of Georgia, that’s called the Implied Consent Notice. By law, they have to read it to you. If they don’t read the card to you soon enough, any breath or blood sample that they get can be thrown out. There are other rules and things that they have to follow with regards to when they read you the Implied Consent card, whether they read it to you verbatim every single word, whether you understand what’s going on.
We had a client that had just been in a wreck. He had been pulled out of the driver’s seat by paramedics. He’s sitting in the back of an ambulance. The officers decide to arrest him for DUI. They read him the Implied Consent card, but when we watched that video it was obvious he didn’t know what had happened. He was dazed and confused by the accident itself. So, he did not say yes. He did not give implied knowing consent. We were able to get that blood test kicked out of court.
We can bring in an expert to evaluate the cops and how they performed the test on you. They need to follow certain rules. They need to follow certain directions. They need to do it in a certain order. They need to make sure they’re recording things properly.