The Legal Consequences of Refusing a Chemical Test

Richard Scott Lawson

Written by  Pro

DUI / DWI Attorney - Atlanta, GA

Contributor Level 11

Posted almost 3 years ago. Applies to Gwinnett County, GA, 0 helpful votes

Email

Refusing to submit to a blood, breath, or urine test after a DUI stop can incur serious penalties. If you refused a chemical test, it will be essential to hire a DUI attorney if you want to save your driving privileges.

Under Georgia’s Implied Consent law, a driver is required to submit to a chemical test (blood or breath test) after a DUI arrest. Whether a driver knows it or not, once they sign on the dotted line for their driver’s license, they are agreeing to submit to such tests when a law enforcement officer asks them to do so.

Chemical tests are vital tools in all DUI arrests, for a DUI conviction hinges on the results of a chemical test. Without these tests, law enforcement wouldn’t have sufficient evidence to secure a conviction for DUI. Chemical tests are used by law enforcement when they have reason to believe that a driver is operating a motor vehicle while under the influence of alcohol, illegal drugs and even prescription medications. These tests are highly scientific and are relied on by law enforcement to determine if a driver is in fact, driving while under the influence of alcohol or some other substance.

Although you have every right to refuse a field sobriety test without experiencing any negative consequences, you will undoubtedly face an automatic license suspension for up to twelve months if you refuse to submit to a blood, breath or urine test when you are asked to take one.

Refusing to submit to a chemical test is one mistake that people can’t afford to make. This is not the time to assert one’s rightness, even if they hadn’t been drinking any alcohol or consuming any drugs. Unfortunately, this is one area of law that many people are not knowledgeable about. They may not have been informed of what would happen if they refused a breath test, or perhaps they didn’t actually refuse, but the police officer made it seem as if they had turned it down.

Your driving privileges are extremely important to your livelihood. It becomes increasingly difficult to rely on friends, family and public transportation to get where you need to go without a license. If you fail to have an attorney request an ALS hearing within 10 days, your driver’s license will be automatically suspended on the 31st day of your arrest. In some cases, the consequences for a chemical test refusal are comparable to an actual DUI, even if you weren’t driving under the influence at all. It’s a common mistake for innocent people to think that they don’t need to cooperate with an aggressive police officer, but unfortunately this mistake can cost them their license. If you refused to submit to a chemical test because you weren’t aware of the administrative consequences, then you should discuss your case with a qualified DUI attorney immediately. With chemical test refusals, time is of the essence if you want to retain your driving privileges, so take action now by contacting a DUI lawyer near you!

Additional Resources

The Law Offices of Richard S. Lawson have been representing clients charged with DUI offenses in Gwinnett County for years. Their firm specializes in DUI defense, which means that they have a thorough knowledge of the legal system as it pertains to DUI. Being arrested for DUI can be extremely confusing and very frightening, especially if this is your first arrest. Their firm can explain the law to you, and any possible defenses available in your case. You do not need to give up hope if you were arrested for DUI; there are a number of ways to challenge a DUI stop, an arrest and even chemical tests. The worst thing for you to do is nothing; please take a moment to contact a Lawrenceville DUI lawyer from their firm for an initial consultation by calling (404) 816-4440.

Gwinnett County DUI Attorney

Rate this guide

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,880 answers this week

3,019 attorneys answering