What should I do if I refuse to submit to a test of my blood, breath or urine in a DUI case in Georgia?

What should I do if I refuse to submit to a test of my blood, breath or urine in a DUI case in Georgia?

The Administrative License Suspension Process

When you refuse to submit to a blood, breathe, or urine test, this significantly reduces the amount of evidence that a prosecutor can use to convict you of a DUI offense. However, by refusing the test, the state essentially assumes your guilt and will commence the Administrative License Suspension Process, commonly known as the ALS Process. The ALS Process will essentially strip you of your license for 12 months.

But, You Can Challenge the ALS Process...

When the state commences the ALS Process, your attorney can send a 30-day letter to the Department of Driver's Services. The letter will include relevant information to your case, including the time, date, and location of the stop, your driver's license number, the name and department of the arresting officer, and other information relevant to the arrest. The letter and the $150 filing fee must be submitted within 30 days of your arrest. If you do not submit a 30-day letter, then you will lose your license for up to one year.

The letter is essentially an appeal to request a hearing to review the state's decision to suspend your driver's license. It is important to note that this is a separate legal action that is independent of any DUI proceedings and will be reviewed by a different court and a different judge. If you do not submit the letter, then the suspension of your license will occur automatically. The suspension of your driver's license is an administrative penalty and not a criminal punishment. 

...Because There Are Defenses Against the Georgia Implied Consent Law.

In Georgia, the Implied Consent Law requires drivers to submit to state-administered blood, breath, and urine tests. First, there are different notices required for different drivers because there are different "per se" levels of impairment and potential suspensions based on drive classification. This includes drivers over 21 whose per se level of impairment is (.08), drivers under 21 (.02), and drivers of commercial motor vehicles (.04).

Further, unless there was an accident causing serious injury or other exigent circumstances are present, then you must be placed under arrest for DUI Less Safe prior to the arresting officer issuing the implied consent notice and testing request. If this isn't followed, or if the officer provides inaccurate or deliberately misleading advice regarding implied consent rights in Georgia, then you have been deprived of your right to make an informed decision regarding the law and the requirement to submit to chemical testing.

Another potential defense is that you are entitled to request an independent test following advisement of your implied consent rights. If the officer refuses or otherwise attempts to dissuade you from making this request, they effectively violate your rights.

Because there are many nuances to the law, drivers in Georgia should always consult with a DUI attorney and should not attempt to defend themselves against a DUI charge. At Davis Madden & Associates, P.C., our attorneys are always ready to help you understand your rights and potential defenses for your case. We encourage you to contact us at (404) 801-4401 to request a consultation with our team.

The material provided on this blog site does not/is not intended to constitute legal advice. All content is for general information only.