As a Georgia DUI Lawyer, I write frequently on DUI in Georgia. However, a lot of my clients refused sobriety testing during a DUI arrest, which can be confusing to understand. In Georgia, you can still get charged with a DUI even if you refuse a Georgia breath and blood test. Even though test results are usually the most influential piece of evidence used against you in a DUI case if you've tested above the legal limit, it's still possible to present other evidence that is sufficient to prove your guilt beyond a reasonable doubt.
The charge is known as a DUI Less Safe. You can get charged with a DUI Less Safe even if you refuse or if you blow below the legal limit, and the penalties are the same as a being charged with a DUI or a DUI Drugs in Georgia. The crux of the evidence will come from the arresting officer's observations during the investigation to support that the driver was impaired or a “less safe” driver. All Georgia officers are trained to look for any clues or hints such as:
- Repetition or inconsistency during conversation
- Odor of alcohol
- Fumbling or clumsiness
- Admission of drinking
- Slurred speech
- Bloodshot eyes
First of all, the state of Georgia has the Georgia Administrative License Suspension Process (ALS) against you or also known as the 30 day letter. Georgia can take your license because of your refusal to submit to Georgia DUI testing. From there, the prosecution can use the mere possibility of you losing your license to force you into pleading guilty to DUI in your case.
This is why hiring an attorney who is well-experienced with Georgia DUI Laws and who understands how to properly utilize Georgia DUI Defenses. Your defense should always start with an ALS Hearing Request in order to defend your right to drive on Georgia roadways. In a case where the accused person has refused to submitting to DUI testing (blood, breath, or urine), the case itself cannot be defended without a 30 day letter. A Georgia DUI Attorney will always recommend a 30 day letter to every client in every case.
Georgia requires all drivers in our state to submit to the state-administered chemical test of either blood, breath, or urine if under investigation for DUI. The consequence for refusal is the suspension of your Georgia driver's license for one year.
If you don't file for an ALS Hearing, your driver's license may be suspended before you are even convicted of a DUI in a court of law. Georgia DUI Penalties are serious and can affect every area of your life. With this form of suspension, there is no limited driver's license available.
If you or a loved one has been accused of a DUI in Georgia, contact us today.