About Refusals and Alleged Refusals

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If you are ever arrested for a DUI in Henry County you will be asked to submit a sample of your blood, breath, or urine for the State-administered blood alcohol concentration (BAC) test. If you refuse this test, you will face harsh punishments, such as a one-year suspension of your driver's license with no option for a restricted license at any time during the suspension. In order to avoid this it is vital that you act quickly and contact a good DUI lawyer in Henry County who can send a “30 Day letter” on your behalf to request a hearing to preserve your ability to drive. If you have been arrested and charged with a DUI and refusal to submit to BAC tests, contact an experienced lawyer at Lawson and Berry for guidance on what your next steps should be.

Often, when you are first pulled over you are asked to perform a series of field sobriety tests. You are not required to perform any of theses tests by law, even the AlcoSensor test give on the side of the road. Unfortunately, individuals will submit to the field breath test and then refuse to take the mandated test when they reach the police station because they believe they have already performed this test. The test given on the side of the road is not the official test, instead the tests performed at the police station or the hospital are the tests that you must submit to. The roadside test is only preliminary and is no different from any other field sobriety test.

Occasionally, an individual who is pulled over does not want to submit to any tests or wants to speak with a lawyer before he does anything else. The arresting officer may see this as a refusal, when you have not actually refused the test specifically.

Some law enforcement officials may take any questions asked as a challenge to their authority and may charge the person with refusal even though they have not formally refused to submit to the test and in some occasions have not even been informed that they are required to. The arresting officer may even be concerned that a breath test may weaken their case against you if they are not sure whether you are intoxicated or not.

Also, some individuals who are pulled over may believe that because they are in no way intoxicated they should not have to submit to any tests and that they are being treated unfairly by the arresting officer. Avoid this- even if you know you are sober submit to the mandated breath test in order to avoid being charged with refusal.

Contact a Henry County DUI Defense Attorney from Lawson and Berry to assist you with your Refusal charges to avoid driver's license suspension.

When you are pulled over and the police officer suspects you are under the influence of alcohol, there are two types of tests you may be asked to submit to. The first type is a field sobriety test such as walking a straight line, touching your nose or reciting the alphabet backwards. You have the right to decline taking these types of tests without legal penalty. The second type is a chemical test that measures your blood alcohol concentration (BAC) level. These can be either a breath, blood or urine test. Under Georgia's implied consent law, any driver from any states must submit to a chemical test when a police officer asks him or her to do so. Thus, these chemical BAC tests cannot be declined without legal penalty.

So, if you are stopped in Henry County, GA and the police officer suspects DUI, should you take the breathalyzer or not? This is a tough question and one you will have to make very quickly and under pressure. In DUI cases, the strongest evidence against you is usually the results of your breathalyzer test. If you are over the .08 legal limits for Georgia drivers over 21 or .02 for drivers under 21, then you are considered to have been driving under the influence. It makes sense that if you do not take the breathalyzer test, the court cannot prove that you actually were driving under the influence. Well, Georgia courts have realized this too and when you are arrested for DUI the officer is required to read you a card that advises you about Georgia's implied consent law. This law is basically states that having a Georgia driver's license means you are agreeing to submit to a chemical BAC tests whenever asked or else you will be subject to lose your license for an entire year. This means that even before DUI conviction, if you refuse to take a chemical BAC test, Georgia Department of Driver Services can suspend your license for a year. This can seriously affect your ability to commute to school and work and it is important to note that you will not be eligible to obtain a limited license under this type of suspension.

We know that getting a DUI can be scary and confusing, that is why our firm is here to help 24 hours a day, 7 days a week. Call us for a free consultation and we will have one of our highly experienced Henry County DUI attorneys help you make the right decisions regarding your DUI case.

DUI 30 Day Warning

To avoid suspension of your driver's license, a letter must be sent to the Department of Driver's Services within 30 days of your arrest. If you don't do it, you will lose your driving privilege. Call immediately to assure that your right to drive is protected.

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Richard Lawson is a former DUI prosecutor who focuses exclusively DUI. Contact the legal team at The Law Offices of Richard S. Lawson immediately after any DUI arrest. Experience is the difference.


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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.