Gwinnett County DUI Attorney

About Refusals and Alleged Refusals

After you have been arrested for DUI, you will be asked to take a State-administered breath, blood, or urine test to determine your blood alcohol level.  If you refuse to submit to testing, your license will be automatically suspended.  If you have been arrested and charged with DUI Refusal, contact a Gwinnett County DUI lawyer to protect your right to drive.  If you fail to have your attorney request a hearing within 10 days, your license will be suspended on the 31st day after your arrest.  The suspension will occur before your court date in Recorders Court, State Court, or Municipal Court (City Court).  The license suspension can be for as many as 12 months in the case of a "refusal" to submit to a chemical test.  

When you hire DUI Lawyer Richard Lawson, he can help you avoid an automatic suspension of your driver's license. However, time is of the essence.  Failure to act will insure a bad outcome in your case.  Countless people today, as you are reading this information, are driving on a suspended license without even knowing it.  They never sent the 10 Day letter.  If they are pulled-over, they will be charged with driving on a suspended license.

Many people confuse the hand-held AlcoSensor test, given on the side of the road, with the actual state-administered breath test, given at the police station.  After they are arrested, the police then ask them to submit to the state-administed breath test.  Since the arrestee has already taken the AlcoSensor, they feel that they have already submitted to a breath test.  As a result, they refuse what they perceive to be a second request to give the same breath test.  

The AlcoSensor test given on the side of the road is NOT the breath test.  In fact, you are not required to submit to any field sobriety tests, including the AlcoSensor.  Politely refuse to take field sobriety tests, if ever asked by the police.  If you feel it is in your interest to take the chemical test of your blood, breath, or urine, always ask for your own independent test.  You are entitled, by law, to your own independent chemical test by a person of your own choosing.

Many people simply do not want to submit to any test without first speaking to an attorney.  In those situations, police officers may charge the person as a refusal even though the arrestee has not actually refused.  

Some people simply believe that, since they are not actually impaired, there is no reason to submit to any testing.  Since they are being treated unfairly by the police officer, they refuse to participate in anything the police officer requests.  The result is they are charged with refusal.

In the event you are charged with refusing a breath, blood, or urine test, it is essential to speak with an attorney to protect your right to drive and your freedom.

Contact a Gwinnett DUI attorney from the the firm to assist you with your ALS hearing and to fight to avoid a driver’s license suspension.