Refusals in Georgia DUI Cases
Refusing a DUI breathalyzer test can result in serious consequences. If a police officer pulls you over and you refuse to take the state-mandated chemical test, you risk your driver's license being suspended even jail time. There is a lot of confusion about which tests are voluntary and which one is the state mandated test. As a result, some people took a breath test when they didn't have to or refused the mandatory test. Richard Lawson and his team of DUI Refusal Attorneys in Georgia have been handling refusal cases for over 20 years. We are highly qualified to handle your situation, and we will find both legal and factual defenses to support you. Just because you refused testing does not mean your case is over! There are many criminal defenses at your disposal, but it starts with hiring the right DUI lawyer in Georgia.
Which Test is The Mandatory Test?
Many of our clients mistakenly believe that the handheld Alco-sensor test is a mandatory test. The Alco-sensor test administered on the side of the road during a police stop is not required! It is a field sobriety test and not the chemical test.
Only after a lawful arrest can a law enforcement officer ask an individual to submit to a chemical test. The arresting officer has numerous protocols he must follow in order to be able to arrest you. If any procedure was not followed correctly, then the refusal can be thrown out of court. However, at the police station, the officer will ask if you will submit to a chemical test. This is the only mandatory breath test. This is the test where if you refuse, your license will be suspended for one year.
Some of our clients refuse the chemical test because they already submitted to the Alco-sensor test. They do not understand why they have to take a second test. However, this chemical test is not a second request; it is the state-mandated chemical test. Other times our clients refuse the testing because they are waiting to speak with an attorney. Even though they aren't directly refusing the test, it could still be charged as a refusal. Furthermore, we have had clients who were too upset after the arrest to even comprehend that they were refusing. But because of their hysteria, the officer had to log it as a refusal.
No matter the reason for the refusal, it will result in a one-year license suspension. However, our Georgia DUI Attorneys can help you avoid this suspension!
Administrative License Hearing
If arrested for a DUI and you refused testing, the State can take your license away. Many times the State leverages the possibility of losing your license to force drivers to plead guilty to DUI. Then, their license is suspended for 12 months. This does not have to happen to you! There is help!
The first step is the 30-day letter to request an administrative license hearing. A Georgia Refusal Attorney will file the letter for you within the 30-day deadline. Some people have a choice whether to file the 30-day letter, but in cases of a refusal, a 30-day letter must be sent!
A failure to file for an ALS hearing will result in the Department of Driver Services (DDS) suspending your license for one year. There will not be an option to obtain a limited driving permit to get you to and from work or school. This will be a hard suspension of your license.
Call Now if You Have Been Charged with Refusal in a DUI Case
Do not make the mistake of thinking you have to suffer the 12-month license suspension. Our Georgia DUI Lawyers will file your 30-day letter to start the process and then will take time to investigate your case thoroughly. We will look through all the evidence to make sure the arresting officer following all the correct procedures during your arrest.
There are many defenses available to you, but your best defense starts by hiring an experienced DUI Refusal Lawyer in Georgia. Our office is open 7 days a week, 24 hours a day to answer your questions whenever you need us! We do not think you should have to wait until Monday or business hours to get an answer to your questions. Call now to receive a free case evaluation.