The Risks Of Refusing A Breath Test
Many people mistakenly believe that if they refuse the breath test, there won’t be enough evidence for a driving under the influence (DUI) arrest or conviction. However, not only will the police likely be able to build a strong case against you, but there is also a natural presumption that you are under the influence of drugs or alcohol, and you have to fight that presumption in court.
If you are arrested for drunk driving and refuse to take the breath test, you could be subjected to automatic driver’s license suspension, regardless of whether you are found to be guilty in your criminal DUI case. Contact Shawn P. Hammond and Associates to discuss your rights and options.
Georgia Implied Consent Laws – DUI Arrests
Under Georgia implied consent laws, all drivers who choose to operate a motor vehicle in Georgia have implied their consent to take a chemical test (breath, blood, urine) when arrested for drunk driving. The Alco-Sensor test (the preliminary breath test used when you are first pulled over) is completely voluntary. However, refusing to take the breath test or any other chemical test at the police station is an implied consent violation and can result in additional consequences – beyond what a driver could face for a DUI conviction.
Challenging Your Suspended License And DUI Charges
Attorney Shawn Hammond has more than 25 years of legal experience and a comprehensive understanding of Georgia DUI laws to fight DUI charges and challenge administrative license suspensions. While thoroughly investigating your case for weaknesses in the prosecution’s case, he considers the following:
- Was there reasonable suspicion for the traffic stop?
- Was there probable cause for your DUI arrest?
- Did you actually refuse the breath test?
- Were you given the proper implied consent warning when you refused the breath test?
- Were your rights in any way violated?
Shawn fights relentlessly to protect your rights and represent you effectively in court.
You Have Every Right To Protect Your Rights
Shawn has extensive experience handling all levels of drunk driving charges in Georgia, from first-, second- or third-offense DUI (which can result in a misdemeanor DUI conviction), to fourth-offense DUI (which can result in a felony conviction).