As a Georgia DUI Lawyer, I get asked a lot of questions about what happens if someone has refused testing in their DUI case. It's a difficult decision to make when confronted with either submitting or refusing a breath and blood test when you've been accused of driving under the influence. The stakes are high and the situation is usually very stressful for anyone who goes through it.
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.
But if you refuse, the state of Georgia still has the Administrative License Suspension (ALS) Process against you. This means that the state can take your license because of your refusal to submit to DUI testing. To put it simply, the prosecution can use the possibility of you losing your license to force you into pleading guilty to DUI in your case.
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. Our office actually recommends a 30 day letter in every case.
The Georgia Implied Consent Law requires that you submit to the state-administered chemical test of either blood, breath, or urine. The consequence for refusal is the suspension of your Georgia driver's license for one year.
This is how people are pressured into submitting to testing. Of course people worry about the status of their license and their ability to drive. But your Georgia DUI Attorney can investigate your case and find that there are in fact Georgia DUI Defenses that apply to your case. Our lawyers are experienced in the process of refusal.
However, 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. These consequences are serious. They can affect every area of your life. With this form of suspension, there is no limited driver's license available. This aspect of Georgia DUI Law is strict and confusing.
If you or a loved one has been charged with a DUI in Georgia and refused testing, contact a Georgia DUI Attorney today. It is important to seek legal counsel as quickly as possible following your arrest for DUI in Georgia. Georgia DUI Penalties are serious and life-altering - do not risk your freedom. Contact us today.