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Can I Get my Driver's License Back if I Refused the Breath Test?


Refusing to take a breath test in Georgia comes with more severe driver's license consequences than taking the test and blowing over the limit. Fortunately, our lawyers know exactly what must be done in these situations in order to properly appeal your license suspension and keep you driving.

Refusal Laws in Georgia DUI Cases

Under Georgia's implied consent law, refusing to take a breath or blood test will initiate an automatic 12 month suspension of your license, or right to drive in Georgia. During the 12 month period, you do not get a limited or hardship permit, making it impossible for you to legally drive. Additionally, the license suspension will show up on your driving record during this period, for anyone doing a driving record pull to see.

One of the first issues of defense for us to cover during our meeting will be how to save your license from this refusal suspension. We will thoroughly go through the events of your DUI, including how you supposedly "refused" and why. Next, we will draft and send a certified letter to the DDS appealing the suspension of your license and demanding a hearing on the issues. This hearing is usually scheduled for somewhere between 30-60 days after your DUI arrest. While waiting on the hearing, we will be actively building your file and filing in all evidence available to us. Our lawyers use a combination of open records requests, discovery through the courts, and subpoenas to retrieve all available information about your arrest. Depending on the jurisdiction of your arrest, this can range from a fairly simple process (Sandy Springs, and similar municipal courts) to an all-out headache (City of Atlanta). Regardless, our attorneys and staff know how to obtain all of the necessary evidence in your case.

DUI License Hearings

At your driver's license hearing, we will usually attempt to negotiate with the arresting officer to return your license. In our first consult, we will cover how these negotiations take place, as well as cover any available information about your specific officer. If negotiations fall through, a hearing could be necessary where a Judge will decide if the cop has met their burden for showing your were DUI and suspending your license. Of course, before any such hearing, we will discuss your risk tolerance and what you are expecting to happen regarding your license.

DUI Refusal Attorneys

So, if you have been arrested in Georgia for DUI, and simply see a ticket or other paperwork marked "REFUSAL", don't panic. Yes, you are looking at more severe license consequences, but, we know the process to save your license inside and out and will make sure you understand how we will navigate through this minefield. Of course, we will not know exactly how your license suspension will play out until we have reviewed the evidence and have a better feel for exactly what happened during your arrest.

To discuss your DUI arrest and have us begin the process of saving your driver's license, call us today at: (770) 676-1340. Both Mr. Watson and Mr. Zeliff specialize in defending DUI cases and will immediately put our experience to work in your DUI refusal case. We are available by phone 24/7 and do have weekend appointments available.

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