About Refusals and Alleged Refusals

Cobb County DUI Defense Attorney

When a person is arrested for DUI, the arresting officer will request a blood, breath, or urine test. At this point, the arresting officer has already made the decision to arrest you.  At the time of the arrest, the officer will read you your implied consent rights.  The most important part of the rights involves the choice to submit to chemical testing and the consequences therein.  If you refuse the State's chemical test, your license may be suspended for 12 months. If you submit to testing (and this is a first DUI arrest), your license may be suspended for 120 days, and you will qualify for a permit to drive to work, medical facilities, and school.  In a refusal, there is no permit for any reason or hardship.  

So, the decision to submit to testing can be the most important decision you can make when stopped for DUI.  The refusal to take a test may lead to the case being easier to defend at trial, but at the same time, your license can be suspended during the litigation of your case.  The driver's license suspension for refusing to take the State-administered chemical test usually occurs prior to your court date in State or Municipal Court.  In the alternative, if you submit to testing and your breath test result is above .08, your case may be more difficult to win at trial; however, your driver's license consequence (on a first arrest) will be less than had your refused.  As a result, the decision to submit to testing can have a huge impact on your ability to win your case and your ability to maintain your right to drive.

The truth is breath and blood test refusals are more complex than simply refusing to take the test. The officer will probably have you submit to a breath test on the side of the road using a hand-held sensor. It's not uncommon for drivers to assume this is the breath test you always hear about. Then, once the driver has been taken back to the police station, the police officer will administer another breath test. The test at the police station is actually the test that drivers are required to submit to, but because the test has already been administered on the side of the road, a driver might think he doesn't need to submit to another test and could refuse. In doing so, he is "refusing the breath test," which can later result in a one-year license suspension.

Obtain Experienced DUI Defense in Cobb County

If you have recently been arrested on DUI charges in Cobb County, it's in your best interest to contact Cobb County DUI lawyer Richard Lawson right away. Mr. Lawson has extensive experience in the field of DUI defense, and can review the circumstances of your arrest to determine the best way to defend your case following a refusal.

To learn more about the DUI defense services offered at the Law Offices of Richard S. Lawson, please feel free to contact a Cobb County DUI attorney today to schedule a consultation!