Posted by duijim in on January 17, 2024
Not many Atlanta DUI clients know that their license or privilege to drive in Georgia could be suspended by the Department of Driver Services after refusing a breath test during an Atlanta DUI arrest. But filing an administrative license hearing timely could delay or stop such suspension proceedings.
1. Refusal to Take a Breath Test
If you are suspected of DUI, law enforcement officers may request you to perform one or more standard field sobriety tests, including the walk and turn test, one leg stand test, and horizontal gaze nystagmus (“HGN”) test. These are voluntary; you have the option to decline taking them – although if an officer suspects your blood alcohol concentration (BAC) to be 0.088% or higher then chemical testing must occur – the maximum penalty for not complying is one year’s license suspension; during which period limited driving privileges will apply.
Georgia DUI lawyers can assist in fighting license suspension due to refusal of breath, blood or urine tests. Furthermore, DUI attorneys will help request an administrative license suspension (ALS) hearing from the Department of Driver Services within 30 days after your arrest – otherwise your chance at fighting it may pass you by. If this opportunity passes by unheeded, Ignition Interlock Device (IID) installations could also become necessary – see Ignition Interlock Device for details.
In most DUI refusal cases, judges will allow defendants to drive during an ALS hearing as long as certain conditions are met – typically installing an IID, paying fees and attending DUI school. Should your DUI case succeed and result in either being acquitted or reduced to reckless driving charges, if successful representation from a DUI lawyer may assist in fighting to have your license suspension lifted or reversed.
An Atlanta DUI lawyer can review the evidence in your case and create an effective defense at your ALS hearing. An experienced lawyer will assist you in challenging the accuracy of any field sobriety or chemical tests administered, defend you against DUI charges at trial, and negotiate for plea deals that limit penalties – for instance an experienced Atlanta DUI lawyer might claim that officers failed to properly read you the implied consent notice or misrepresented how doing so would impact on your license status – all with maximum effect against legal penalties.
2. Refusal to Take a Blood or Urine Test
Georgia drivers are subject to implied consent laws which compel them to submit to blood, breath or urine testing at the request of police officers. If they refuse the test, their license may be suspended for one year without possibility for limited permit use; depending on circumstances this could make driving difficult and even impact employment searches conducted on potential employers.
Failure to take a breath or urine test after being charged with DUI drug offenses may also hinder your job search; employers may be reluctant to hire anyone with such convictions on their record for jobs requiring driving vehicles such as sales or truck driving. An experienced DUI lawyer may challenge evidence used against you that proves refusal and claim that an officer did not properly read out your implied consent rights.
Urine tests can have more serious repercussions for drivers facing DUI drug charges. If you refuse, police may obtain a warrant and force you to give one for analysis; an experienced DUI attorney can review your circumstances and fight to keep this evidence from your trial.
Police will also ask you to perform field sobriety tests (FSTs) to assess both your physical and cognitive abilities, such as walk-and-turn, one-leg stand and horizontal gaze nystagmus (HGN) tests. While FSTs may not be scientifically valid, they can help officers ascertain if alcohol or drugs have impairing effects on you.
Once arrested for DUI, police will confiscate your driver’s license and issue you a letter with instructions on how to appeal the administrative license suspension to the Department of Driver Services (DDS). However, you only have 10 business days from your arrest date to request this hearing with DDS; failing which an automatic 12-month hard license suspension without possibility for limited permit will ensue.
3. Refusal to Take a Field Sobriety Test
Georgia drivers suspected of DUI may be asked to participate in field sobriety tests; however, polite refusal will not incur legal ramifications. If an officer suspects you of being under the influence of alcohol or drugs and it appears likely they’re correct in this assessment, chemical tests such as breathalyzer tests will still likely be administered; failing any will serve as probable cause for arrest.
If possible, field sobriety tests are an ideal way to demonstrate that you are not under the influence and do not suffer from medical conditions such as vertigo or mobility issues that would prevent passing these exams. Unfortunately, they are non-standardized tests which could be interpreted differently by officers.
Not taking a test can also be used against you as evidence that something has to be hidden, since by not taking it you indicate to the officer that something may have led to you driving under the influence.
If you do not request a hearing within 30 days of being informed that your license has been suspended for DUI-related charges, the state can automatically revoke it for up to one year – regardless of the circumstances or your arrest status. A Georgia DUI lawyer can help if this situation needs appealed in order to preserve driving privileges and restore them if appropriate.
After being charged with DUI, most Georgia Department of Driver Services proceedings result in administrative license suspension proceedings that are separate from your criminal case. A skilled Atlanta DUI lawyer may help keep your driving privileges during this period so that you can access work, doctors appointments, alcohol rehab or drug treatment programs, court dates/probation appointments as well as drop off/pick up your kids.
4. Refusal to Take a Chemical Test
Under Georgia law, if you refuse a breath, blood or urine test following your DUI arrest, the police can obtain a warrant based on their observations and forcefully draw your blood for chemical analysis. A conviction of refusal results in a one year license suspension without eligibility to obtain a restricted driving permit.
Breath or urine tests provide a good indicator of alcohol and other drugs being present in a driver’s system, though they don’t always indicate impairment. Georgia has made it abundantly clear that your DUI defense attorney cannot use test results as an escape route in their DUI charges even when no signs of impairment would have shown up in test results.
If you are arrested for DUI, an officer will require that you submit to either a breath or urine test at the police station. Their choice will be final as under implied consent laws any refusal will lead to automatic suspension of your driver’s license for one year without a limited driving permit available for you.
Government attorneys often use this penalty as leverage against defendants who refuse to submit to breath or blood test administrations in exchange for plea deals that include conviction and license suspension. An experienced Atlanta DUI lawyer can find legal ways to counter this threat and stop them from using your refusal against you in plea deals or prosecution.
Your Georgia DUI lawyer can request an administrative hearing within 30 days after your arrest to contest any license suspension for refusing a chemical test and installing an ignition interlock device in your vehicle, giving them enough time to investigate whether all procedures were followed during your DUI arrest and prevent you from facing a 12-month license suspension due to refusing the breath test.