Sobriety Test Refusal and DUI Less Safe in Georgia

Posted by Richard Lawson | May 27, 2018 | 0 Comments

As a Georgia DUI Lawyer, I have a lot of experience with clients who have refused sobriety testing during a DUI arrest. It's tough to make a decision when being confronted with either submitting or refusing a Georgia breath and blood test when you've been accused of driving under the influence. The stakes are high and the situation is usually both overwhelming and stressful.

It's important to note that 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. 

However, a chemical test is not necessary to show that the person was under the influence of alcohol or that he or she was an impaired driver. An officer's observations during the investigation are typically used to support that the driver was impaired in a DUI Less Safe in Georgia. Georgia officers are trained to look for any clues or hints such as:

  • Admission of drinking
  • Slurred speech
  • Bloodshot eyes
  • Repetition or inconsistency during conversation
  • Odor of alcohol 
  • Fumbling or clumsiness 

But if you choose to refuse testing, the State still has the Georgia Administrative License Suspension Process (ALS) against you. 

Simply, the State can take your license because of your refusal to submit to Georgia 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. 

This is why hiring a Georgia DUI Attorney is so important. Your defense should always start with an ALS Hearing Request or what is commonly known as the 30 day letter in Georgia.

The biggest takeaway from today's post is the following: 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. 

In fact, our office actually recommends a 30 day letter to every client in every case. 

Georgia Implied Consent Lawsrequires 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. 

Your Georgia DUI Attorney will investigate your case and apply any Georgia DUI Defenses to your case. 

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 life-altering. They can affect every area of your life. With this form of suspension, there is no limited driver's license available.

Georgia DUI Laws are confusing, and the process is overwhelming and stressful. Contact us today.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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Georgia DUI Defense Attorneys

At the Law Office of Richard S. Lawson, we have offices conveniently located throughout metro Atlanta and throughout Georgia. If we do not have a convenient office, we will come to you. We practice throughout Metro Atlanta and North Georgia. If your case is in an area we do not serve, we will find you an attorney in your area free of charge. Our office is part of a State-wide network of Georgia DUI Lawyers. Contact us 24/7 for immediate legal help. Our attorneys are standing by. Your DUI Case will not defend itself. Your Best Georgia DUI Defense Begins Here!