Being pulled over for suspected DUI can be a stressful experience, and refusing a DUI test might seem like an option to avoid immediate trouble. However, refusal comes with its own set of legal problems and consequences.
Have you refused a DUI test? Here’s what Forsyth County lawyers have to say and the steps you should take if you find yourself in this situation.
Refused a DUI Test?
In Georgia, by obtaining a driver’s license, you’ve implicitly agreed to submit to chemical tests (breath, blood, or urine) if lawfully arrested for DUI. This is known as the “implied consent” law.
Under the “implied consent notice,” the officer will inform you of the following:
- You are required to submit to a breathalyzer test.
- There are penalties if you refuse the test.
- You have the right to request an independent test.
After reciting this notice, the officer must ask whether you will take the breathalyzer test. If the officer fails to provide the implied consent notice, the test results cannot be used as evidence in court, and your driver’s license cannot be suspended based on the refusal.
In addition, you have the right to request an independent test when asked to take a breathalyzer test. This independent test, conducted at your expense, can be performed by qualified personnel of your choosing.
Unlike the breathalyzer test, the independent test can involve your blood and be conducted at a hospital by medical professionals. However, this right is forfeited if you refuse the officer’s breathalyzer test.
If the officer does not adequately accommodate your request for an independent test, your attorney can challenge the admissibility of the breathalyzer test results.
Also, if the court finds your request for an independent test was reasonable and not honored, it may rule that the officer’s breathalyzer test results are inadmissible as evidence in your DUI case.
Remember, refusing a DUI test can lead to automatic penalties, regardless of whether you were intoxicated.
Immediate Consequences of Refusing a DUI Test
If you refuse a DUI test in Georgia, three things can occur:
- License Suspension: Refusal to take a DUI test can result in an automatic suspension of your driver’s license for up to one year. This suspension is separate from any criminal charges and can be imposed even if you are not ultimately convicted of DUI.
- Evidence of Guilt: Prosecutors can argue that your refusal indicates consciousness of guilt. This means that the refusal itself can be used against you in court, potentially strengthening the prosecution’s case.
- Limited Driving Permits: While you can apply for a limited driving permit after a refusal, it’s not guaranteed. The limited driving permit allows you to drive under restricted conditions, such as for work, school, or medical appointments.
Legal Defenses and Strategies
Refusing a DUI test doesn’t mean an automatic conviction. Forsyth County lawyers at the Law Office of Vic Wiegand often employ various defense strategies to contest DUI refusal charges:
- Challenging the Stop: Your lawyer can investigate whether the traffic stop was lawful. If the officer lacked probable cause to stop your vehicle, any evidence gathered during the stop, including your refusal, might be inadmissible.
- Questioning Implied Consent Warnings: Officers are required to inform you of the consequences of refusing a test. If the officer failed to provide this information clearly or accurately, your lawyer might argue that the refusal should not result in penalties.
- Medical Conditions: Certain medical conditions can affect your ability to perform field sobriety tests or provide breath samples. Your lawyer can present medical evidence to explain why you were unable to comply with the testing.
- Administrative Hearings: You have the right to request an administrative hearing to challenge your license suspension. An experienced attorney can represent you in this hearing and argue for the restoration of your driving privileges.
Steps to Take If You Refuse a DUI Test
- Remain Calm and Cooperative: While refusing the test is within your rights, remain polite and cooperative with the officers. Avoid making any statements that could be used against you later.
- Document Everything: Take note of the details surrounding the traffic stop and your refusal. This includes the time, location, officer’s name and badge number, and any interactions you had with the officers.
- Contact a DUI Lawyer: As soon as possible, reach out to an experienced DUI lawyer in Forsyth County such as the team at the Law Office of Vic Wiegand. They can guide you through the legal process, represent you in court, and work to minimize the impact of the refusal on your case.
Conclusion
Refusing a DUI test in Forsyth County carries significant consequences, but it doesn’t mean your case is hopeless. With the right legal representation, you can challenge the charges and protect your rights.
If you’ve refused a DUI test or are facing DUI charges, contact the Law Office of Vic Wiegand at 770-886-4646. Our dedicated team is here to provide the support and expertise you need during this challenging time.
