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Refusing a Breath Test

Atlanta Criminal Lawyer Explains Implied Consent Law

Under Georgia's Implied Consent Law, a driver is required to submit to a chemical test (breath test or blood test) to determine his/her blood alcohol concentration or presence of drugs in the event that they have been pulled over for suspicion of driving under the influence. This means that upon obtaining a driver's license in the state of Georgia, an individual has given their consent to adhere to a sobriety test with the knowledge that refusal would result in penalties. Upon refusal, however, a law enforcement officer is required to inform the individual of the consequences they will face if they ultimately refuse.

A breath test refusal would result in the suspension of a person's driver's license, regardless of whether or not he/she was actually driving under the influence of alcohol or drugs. The law enforcement officer will revoke the license and provide the uncooperative individual with a 30-day driving permit. Within those 30 days, a person has the right to request a hearing to challenge the suspension, but if they lose their case or fail to schedule a hearing within the time limitations, their license will remain suspended for one year. Atlanta criminal attorney Andre Sailers is skilled in the defenses used to challenge allegations of refusing a breath test, and he can do the same for you.

Administrative License Suspension (ALS) Proceedings
A breath test refusal will begin administrative license suspension (ALS) proceedings. A driver is best off working with an experienced attorney who can provide aggressive defense at an ALS hearing and help the driver keep his/her driving privileges. To do this, the attorney must prove that it is more than likely true that the arresting officer did not have probable cause to believe the defendant was under the influence, the defendant was not arrested properly, the defendant was not informed of the consequences of refusing a breath test or blood test, or that the defendant did not actually refuse to take the test. For more information, contact Atlanta DUI lawyer Andre Sailers.

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