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What are the chances of saving a license after refusing a sobriety test?

Roswell, GA |

Going through a road block, cops allegedly smell a marijuana stinch. Driver doesnt consent to take any tests or to sobriety tests. Thorough search of the car (Highway Patrol and Local PD and K9's) doesnt reveal anything. Only charged with DUI for refusal to take tests, or consent to questions.

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Attorney answers 14


You need to consult with a lawyer. Your ability to drive and/or your license can be saved, but you will need the help of an attorney. When did you get arrested? Do you have a court date?


Driver should consult an experienced DUI attorney. He/she can look here on AVVO for one by selecting "Find a Lawyer" at the top of the page. Good luck.

This is not intended as legal advice. No attorney / client relationship exists because of this response.


You can refuse field sobriety test - walk and turn, one leg stand HGN etc but the chemical test of your blood breath or urine if refused could cause the lost of license for one year without a probationary license. However, it appears from your question that the state might have a probable cause issue which could result in you winning your case . You should hire a lawyer!


There are several ways for a lawyer to keep a client driving if the client gets the lawyer involved immediately. I would say that I and most of the DUI lawyers on here keep our clients driving more often than not.


It depends on all the circumstances, but there may be a very good chance. Good decision to refuse the tests. But this has to be gotten on immediately now. A hearing request has to be filed with the State Department of Driver Services within 10 business days of the arrest or the right to retrieve the license will be lost. It sounds to me like this may be a good case. Please contact a lawyer and get on this immediately to avoid losing any chances that might exist. I've handled multiple cases on Roswell, with good results. Contact me if you want to. I'm glad to at least talk to you. But regardless, contact someone immediately. Don't wait another day on this. Good job so far. Good luck.


Retain an attorney for the best outcome.

Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033



Sounds like you have a good case to fight. Hire a lawyer who has experience fighting illegal search and seizure cases.


Your question depends on several factors which include your history, interaction with officers, etc. you should consult with a dui attorney and share that information.

If you find this answer helpful, please mark it here on AVVO as helpful. At this time, I am not accepting professional responsibility on this matter. No attorney/client relationship is created unless and until I receive a signed retainer agreement along with the requested retainer fee. If this matter is truly important to you, hire an attorney. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Without reviewing the appropriate paperwork It is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Note that I am only licensed in Georgia and thus cannot practice in other states. Nothing in my answer should be considered as tax-advice. Circular 230 Disclosure: Pursuant to recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.


Hire a good DUI attorney right away and have him or her send a 10 day letter on your behalf to challenge the suspension of your license. Got only have 10 business days from the date of your arrest to do this.


As long as you file the 10 Day Appeal Letter to protect your driver's license from the administrative suspension I don't see any reason why you can't save your driver's license. Additionally, you have some wonderful facts working to your advantage in this case. Based on what you have said it sounds like this case should be reduced, or otherwise dismissed.

James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.


Based on the information in your question it sounds like you have a defense to the DUI charge. First, the standardized field sobriety test ( HGN, Walk & Turn, One Leg Stand) and the hand held Preliminary Bresth Test (PBT) are VOLUNTARY! You are not required to take these when stopped on the side of the road. A driver is charged with a Refusal if the OFFICIAL state test is refused - the Intox 5000, Blood or Urine test. Just based on the limited info in you question it appears that your driving would have been good because you simply pulled up to a roadblock with no bad driving. As long as no damaging admissions were made by the driver and the officer doesn't have any field sobriety test to rely on, this I appears to be a very defendable case. You should hire the best DUI defense attorney that is available to you - ASAP! A driver only has 10 days to request an Administrative License Suspension hearing or your license will be suspended! Don't miss this deadline and fight this charge!!!
Good Luck!!! George McCranie

The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.


Have you filed the appeal with DDS? The instructions are on the back of the yellow form you should have received if they took your license following the arrest for DUI. Failing to do this can result in the right to an ALS appeal being waived.


Did the officer physically take your license?


Refusing to perform field sobriety test actually improves the possibility of wining the DUI case. It is very important that you hire an experienced DUI lawyer to successfully challenge the officer's decision to arrest you for DUI in the first place. He can help point out why you should not have been arrested and possibly get the charge reduced or dismissed.

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