DUI Breathalyzer Refusals

Posted By Richard Lawson on Mar 20, 2011 4:39pm PDT

A DUI in Georgia is really two different prosecutions. There is the criminal prosecution side and then the administrative suspension process prosecuted by the Department of Driver Services (DDS). The DDS prosecution can be problematic when the driver refused to submit to the breath or blood test requested by the police officer. In case of a refusal of such test, the officer will usually take your drivers license and submit a request to DDS to suspend your drivers license for one year. There is generally no temporary or limited driving permit available for these types of suspensions. Within 10 days following your arrest, an appeal letter can be sent to DDS to demand a hearing on the suspension. A DUI lawyer can help you with this appeal and subsequent hearing.

On the bright side, when you refuse a breathalyzer, you do not have to incriminate yourself by providing the state with its results that it can later use against you in the case. You may have a better chance at winning your case if the state does not have such information to use against you.

Call the Law Office of Richard Lawson today for more information on breath test refusals and for a consultation on your case.

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