After you are arrested for DUI in Cobb County, the law enforcement officer will read you an implied consent notice and you will be asked to submit to a state-administered chemical test of your breath, blood, or urine. By state law, you are required to submit to this testing and any person who refuses this testing will face the possibility of a one year suspension of his or her Georgia driver's license. If your license is suspended due to your refusal to take a State test, you will not be eligible for a limited-use driving permit. Only A DUI Attorney in Cobb County can help you avoid the suspension.
Time is of the essence and it is important to hire a DUI attorney in Cobb County soon after arrest in order to protect your right to drive. You are only allowed 30 days from the date you are arrested to appeal the suspension of your Georgia driver's license. If you fail to appeal the suspension, your license will be suspended for one year beginning 46 days after your arrest. The appeal is commonly referred to as the "30 day letter" and must include certain basic information as well as state the grounds for the appeal. The reasons for the appeal will differ based on the circumstances of your arrest. To ensure all available grounds are raised, you will need the assistance of an experienced DUI attorney in Cobb County.
If you refuse to take the State's breath test, your refusal can be offered into evidence against you at trial. Your refusal creates an inference that a test would have shown the presence of alcohol, but does not create an inference that you were impaired. A DUI attorney in Cobb County wills seek to exclude evidence of your refusal from trial, however, if you were not adequately advised of your implied consent rights or if the arresting officer misled you in any way as to the consequences of refusing the State's test.
Many people who are charged with refusal did not intend to refuse the State's test. Silence, even after being advised of your right to remain silent, will be construed as a refusal to submit to testing. Even if you did not understand the implied consent notice or the consequences of the refusing or submitting to a State test, your refusal or failure to agree to take the State's test will be used against you at trial. If you do agree to take the State's test, your inability to provide an adequate breath sample will constitute a refusal. If the officer requests a breath test and you agree to take a blood test instead, you can still be charged with refusal!
If you were charged with DUI and refused to take a breath, blood, or urine test, it is essential to contact a DUI attorney in Cobb County to evaluate your case and look for any potential defenses and to prevent the suspension of your driver's license. Contract Cobb County DUI Attorney Richard Lawson today to protect your right to drive and your freedom.