When arrested for DUI in Georgia, you are required to take a chemical test of your blood, breath, or rarely urine, or other substances at the arresting officer's direction. This concept is known as implied consent and is the law in every state. While you must take a test according to the law, Georgia still allows you to refuse testing, but you need to know the upside and downside of refusing this testing.
If you refuse testing, you essentially withhold the strongest piece of evidence in any DUI case. Since a DUI prosecution turns on proving you had an impairing amount of alcohol or other substance in your system, the chemical test is certainly the best and only direct evidence of what exactly-if anything- you were under the influence of. While the law certainly allows a DUI prosecution to proceed without a numeric test result, it makes the prosecution's job more difficult since a judge or jury is left to guess whether you actually had an unlawful level of alcohol (or drugs) in your system. Typically in a DUI refusal case, the prosecutor and arresting officer will attempt to draw attention to any abnormalities they can find in the evidence. Your speech, walking, mannerisms, coordination, conversation and performance on field sobriety tests will all be scrutinized in a refusal DUI prosecution. Video evidence is often an essential part of your case, whether it helps your case or the prosecution's.
While the arresting officer in a refusal case does not have direct evidence of your blood alcohol content, he does have the power to apply for a tough suspension of your driver's license or driving privileges ( for non-Georgia residents). Even on a first DUI in Georgia, the penalty for a refusal of testing is a 12 month suspension of your driving privileges. This is a hard suspension, meaning no work or hardship permit is available. Quite simply, you face not legally driving at all for a 12 month period if you are found to have refused testing. Fortunately, even in a refusal situation, you are entitled to a hearing in front of an administrative law judge before your driver's license is suspended. You and your lawyer must go over the strategy for this hearing before hand; it is a very important stage in your case.
If you have recently been arrested in charged with a refusal DUI, or if you are unsure how you are charged, call or email me immediately. There is a deadline to appeal your license suspension, and our lawyers know the ins and outs of these defenses. In most every case, we can have your appeal letter drafted and sent certified mail the same day you call. Additionally, we do not charge any excess fee for the appeal letter; you pay only the state-imposed hearing fee and cover postage. Call us today and we will set aside time to speak with you about all aspects of your DUI case. We do not charge for consultations, and have extensive experience in North Metro Atlanta cities and counties. (770) 887-3720 or evan@zwdefense.com
2012 Refusal Trial Reviews of Mr. Watson:
NOT GUILTY!!!
I got a DUI 9 months ago. I was feeling really down, depressed and couldn't see light and end of the tunnel. I contacted several attorneys that all told me my case was hopeless, not winnable and that I was basically screwed. I was about to plead guilty until I called Evan. He set up a meeting immediately and even went out of his way to meet up with me and go over my case in person. He began working right away and guided me through the process. He personally kept in touch with me through phone calls, text messages and emails. Evan gave my family and I some much needed peace of mind. After months of no license and a lot of stress, I walked out of that court room with a not guilty verdict!! I can go get my license back today and I have a clean record!! Evan's skills in the court room were like that out of a movie. I was beyond impressed with how comfortable he was and how he could really connect with the jury. Evan kept it real, he's even called and kept in contact after the trial to check in on me. Evan Watson is hands down the best DUI lawyer around and a real stand up guy. I can't thank him enough for what he did for my family. Thank you Evan!!
NOT GUILTY SAVED MY LICENSE, JOB & LIFE.
I just wanted to tell everyone how amazing Evan was defending me in my DUI case. The man really knows the laws about this kind of case, that's for sure. I had this case on my mind for 9 long months and that really took a toll on me. Well Evan was there every time I had a question or concern and really made me sleep better from his knowledge and confidence alone. Well I was arrested by a GA. State Patrolman for my DUI and we all know they seem to get more credit any way just for there title. But that didn't scare Evan at all. In my trial he pulled out the field sobriety law book on the officer and showed him were he messed up on all the field sobriety tests he performed on me and made him admit to messing up on all of them. I was just amazed by how good evan knew the laws I mean he could have been a policeman. Really Evan went above and beyond my expectations and I am still in shock at how professional and educated he handles himself in the courtroom. Heck even the bailiff told me my lawyer did an excellent job at defending me. I mean really I have never had anyone in my life defend me or stick up for me the way Evan did that dreadful day,he actually brought a tear to my eye several times the way he was standing up for me ,and i will be forever grateful for this man for the rest of my life. I am so glad I chose him and he will definitely be my lawyer from now on. This not guilty verdict saved my drivers license, my job, my life !!!! A MILLION THANKS TO YOU EVAN YOUR THE MAN !!!!! Any one needing a lawyer , I promise you will be as amazed as me if you choose Evan watson. Sincerely, Bradley M. from Newnan GA.