The Legal Basis for You Being Coerced Into Submitting to Testing
For either refusing to submit to the requested “chemical test” (blood, breath or urine or any combination of these the arresting officer requests) or blowing a breath test result over the legal limit after you were properly given the legal admonishment (i.e., the officer read you the correct implied consent warning about what would happen to your Georgia license or privilege to drive in Georgia, for licensees from other states). “Proper advisement” requires a TIMELY and COMPLETE reading of the ORANGE-COLORED card that carries one of three “implied consent” advisements”. This is a legal notice set forth in the Georgia code that operates on the “legal fiction” that (by using the State highways) you thereby authorized any police officer who reasonably suspects you of driving while being intoxicated, to demand your submission to a proper, legal evidential sobriety test [the officer gets to elect which TYPE or TYPES of OFFICIAL testing] of your bodily “substances.” Your refusal to be tested or if you submit to the state-administered OFFICIAL test or tests, and you have an alcohol content AT OR ABOVE the applicable legal limit triggers the ALS action against your license. If this “feels” like legal coercion, it is. However, the practice has been approved by the United States Supreme Court in the Sandstrom case in 1983. Since 1983, Georgia’s courts have allowed evidence of your “refusal” to submit to testing to be put into evidence in front of a jury or judge hearing your criminal trial.
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