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Refusal DUI and Per Se DUI in Georgia

Refusal DUI and Per Se DUI in Georgia

Two common DUI offenses in Georgia are Refusal DUI and Per Se DUI. These two types of DUI offenses can get you charged in the state of Georgias so it’s crucial to comprehend these 2 specific types of DUI charges. 

Georgia code § 40-6-391 reviews the Georgia law pertaining to Driving Under the Influence of Alcohol, Drugs, or Other Intoxicating Substances including penalties.

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What Are These 2 Offenses?

Refusal DUI: Refusal DUI is a type of DUI charge that occurs when a person operating a motor vehicle refuses to submit to a chemical test to determine their blood alcohol concentration (BAC). These tests can include breath, blood, or urine tests, and they are typically administered by law enforcement officers during a DUI stop.

In Georgia, Refusal DUI is covered under O.C.G.A. § 40-5-55, which outlines the implied consent laws. This statute establishes that by obtaining a driver’s license in the state, individuals consent to chemical testing if arrested for DUI. Refusing these tests can lead to severe consequences, including license suspension.

Per Se DUI: Per Se DUI, on the other hand, focuses on the driver’s BAC at the time of driving, regardless of their level of impairment. The person’s alcohol concentration is 0.08% or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended. If a driver’s BAC is at or above the legal limit of 0.08%, they can be charged with Per Se DUI.

Georgia’s Per Se DUI law is found in O.C.G.A. § 40-6-391 (a)(5), which defines the offense and sets out penalties for those convicted of driving with a BAC at or above the legal limit. It’s essential to note that impairment is not a necessary element for Per Se DUI charges to apply.

Facing an Administrative License Hearing After a DUI Refusal

If you’ve been arrested for a DUI and chose to refuse testing, you might be aware that the State can take away your driver’s license. In many cases, the State uses the potential loss of your license as a means to pressure individuals into pleading guilty to DUI charges, leading to a harsh 12-month license suspension. But here’s the crucial part: this doesn’t have to be your fate, and there is help available! 

Taking the First Step: The 30-Day Letter

The initial step in regaining control of your license is sending out a 30-day letter to request an administrative license hearing. This is where Law Office of Vic Wiegand becomes invaluable. We will ensure that this crucial letter is filed on your behalf within the 30-day deadline. While some individuals might have a choice in whether to file the 30-day letter, when it comes to cases involving a refusal, sending out the 30-day letter is an absolute necessity.

Why is this so critical? Failing to file for an Administrative License Suspension (ALS) hearing will result in the Department of Driver Services (DDS) imposing a one-year suspension of your driver’s license. In this scenario, there won’t even be an option to obtain a limited driving permit, which would typically allow you to commute to work or school during your suspension. Instead, you’ll face a hard and unyielding suspension of your driving privileges.

Take Action Today

If you’re navigating this challenging situation, don’t hesitate to seek professional legal guidance. The Law Office of Vic Wiegand can be your lifeline in ensuring that you take the necessary steps to protect your driving privileges and potentially avoid the harsh consequences of a license suspension.

If you or a loved one is dealing with Refusal DUI or Per Se DUI charges in Georgia, don’t wait to seek legal counsel. Your future and your driving privileges are on the line. Get the help you need today by contacting us at (770) 886-4646. We are ready to provide you with the expert legal representation you deserve and work tirelessly to achieve the best possible outcome for your case. Don’t delay; call now.

I consider trial by jury as the only anchor ever yet imaged by man, by which a government can be held to the principles of its constitution.

– Thomas Jefferson



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