Refusing a DUI Test in DeKalb County

There are multiple ways in which law enforcement may determine if you are under the influence while operating a motor vehicle. Just like in other places all over the country, DeKalb County recommends that its residents submit to a breath, blood, or urine test when pulled over for suspicion of DUI. While you do have the right to refuse a test, you should understand the potential consequences of doing so. To learn more about the consequences of refusing a DUI test in DeKalb County, continue reading or reach out to a knowledgeable DUI attorney today.

Types of DUI Testing in DeKalb County

When a person is suspected of being under the influence of alcohol or drugs, their sobriety may be tested through a breath, blood, or urine test. If a person is believed to be drunk, a breath test is usually conducted. When a police officer believes that the driver is under the influence of drugs, or a combination of both alcohol and drugs, a blood test may be conducted. A urinalysis is rarely used since it is not accurate for quantifiable measures. In most cases when a urinalysis is requested, it is done in addition to a blood test.

Impact of a Refusal on a Driver’s License

A person has the right to refuse DUI testing in DeKalb County. However, if they choose to do so, their driver’s license and privilege to drive in the state may be suspended for a minimum period of one year. If someone does refuse, they are served with a DDS-1205, which is a notification of the suspension. There is a process by which they may appeal the decision. In moving to appeal the decision, the person may install an interlock ignition in their vehicle. In cases such as these, it is recommended to retain legal assistance to help mitigate the negative consequences of a test denial.

What is Implied Consent?

According to the Official Code of Georgia Annotated § 40-5-67.1, if a person chooses to not consent to a chemical test (blood, breath, or urine), they may face consequences regarding their driving privileges in Georgia. This is known as implied consent. There may be additional consequences if someone over the age of 21 submits to a test and their BAC results are 0.8 grams or more. It is important to note that implied consent is different from Miranda Rights. Implied consent is only in reference to a person’s decision to submit to a test.

Refusing a DUI Test Multiple Times in DeKalb County

The first time someone refuses one of the tests, most police officers take their driver’s license. They issue the DDS-1205 which is a notification of a pending suspension. The driver has 30 days from the date of their arrest to file a request for hearing or install interlock ignition in their vehicle.

In Georgia, the consequences of a refusal do not necessarily change whether it is a first, second, or third time. However, if one previously incurred an administrative suspension within five years, the subsequent suspension is longer. Whether it a first or fifth DUI, refusing to submit to chemical testing carries the same consequences.

Requirements to Attend a DUI Class

If one provides a breath sample above the legal limit, and they are suspended, they are required to complete a DUI Score Risk Reduction Course prior to reinstating their license. Most DUIs, even if reduced to a non-DUI outcome like reckless driving, statutorily require a completed DUI school. Anyone dealing with a DUI arrest should pro-actively consider attending DUI school.

How Retaining Legal Assistance is Beneficial in DeKalb County

If you have refused a DUI test in DeKalb County and are facing further consequences, it is recommended to work with an attorney who may be able to lessen the severity of your decision to refuse. Since DeKalb County follows the implied consent rule, residents who refuses a DUI test may have their driving privileges suspended, and if they are found to have a BAC of .08 or higher, additional penalties may be imposed. To learn more about the DUI testing, schedule a consultation today with a trusted criminal attorney.


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