Refusal of Breath, Blood and Urine Tests in Alpharetta

When a person is arrested for DUI, they should expect to undergo a chemical test to determine the level of alcohol or drugs in their system. Law enforcement could administer several tests, such as breath, blood, and urine tests to determine whether a driver is under the influence. Although arrested drivers are encouraged to comply with these tests, they can still reserve the right to refuse to submit.

If you would like to know more about refusing a breath, blood, and urine test in Alpharetta DUI stops, be sure to schedule a consultation with one of our skilled attorneys at Hawkins Spizman today.

What Happens When Someone Refuses a Chemical Test?

If a person refuses a breath, blood, or urine test, they will receive a notice of license suspension from the arresting officer. They will then have 30 days to file a request for a hearing on the suspension. Most individuals would also have the option of putting an ignition interlock device in their vehicle within 30 days from the date of their arrest and obtain a limited permit from the Georgia Department of Drivers Services for 12 months. If a person refuses one of these tests for the second or third time, the person no longer has the option of putting an ignition interlock device on their car.

Justifiable Reasons for Refusing a Breath Test

Individuals suspected of driving under the influence could cite several reasons for refusing to take a breath test. Breathalyzers are notoriously prone to error, and an attorney could argue that the test is inaccurate and unreliable, especially if the device has not been properly maintained. A person may also have a medical condition that would prevent them from providing a sufficient breath sample, such as asthma.

Requirements for Enrolling in DUI Programs

A person might need to enroll in a DUI “risk reduction” course if they are suspended either for refusing the test or for taking the test and the results indicated an alcohol concentration of 0.08 grams or more. The individual would then be required to complete the 20-hour risk reduction program, also commonly called the DUI school. They will have to pay for that class and they will have to get a certificate of completion and turn that into the Georgia Department of Drivers Services in order to get reinstated, or in some cases, in order to obtain a limited permit.

Schedule a Consultation Today

Being arrested for DUI could prove to be very stressful. However, all individuals should be properly informed of their rights in order to make sound decisions when under such duress. Of these rights includes the refusal of undergoing a chemical sobriety test.

For more insight, get in touch with our attorneys at Hawkins Spizman. Our knowledgeable attorneys will answer your questions and explain in greater deal the consequences of a refusal to submit to breath, blood, and urine tests in Alpharetta DUI stops.


Hawkins Spizman

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