Can I Refuse a Breathalyzer Test?
Seek Assistance from a Top-Tier DUI Lawyer in Cumming
When you have been pulled over under the suspicion of DUI, the decision of whether to comply with a breath or blood test or not can be a difficult one. In a DUI case, the results of a breath test are often the strongest evidence the prosecution has against you.
However, refusing to be tested comes with its own penalties. If you refuse to submit to a blood test, the state of Georgia can start the Administrative License Suspension Process (or ALS Process) and suspend your license for one year without any permit to drive. Facing twelve months completely unable to drive leads many drivers to plead guilty to the DUI. It seems like they have no other option, but you always have the right to defend yourself, and no one is automatically guilty. At The Epps Law Group, our Cumming DUI lawyer is committed to helping clients in situations like these.
The Legal Driving Limit
A Blood Alcohol Content (BAC) of .08 or above is considered over the limit for drivers over the age of 21, and a BAC of .02 is legally intoxicated for those under 21 and not of legal drinking age.
If a law enforcement officer administers a chemical test that determines you have met or exceeded those limits, you have committed a DUI per se offense; that is, the act of driving at that level is inherently illegal, regardless of whether or not there is any evidence that your driving was impacted. This is a very strong case for the prosecution, so it is understandable that some drivers think refusing the test is their best option. However, as mentioned above, refusing to submit to a chemical test is far from a simple solution to the problem.
10 Day Letter for DUI in Georgia
If you have been accused of a DUI and have refused a chemical test, the most important thing to start with is a 10 Day Letter. This request for an ALS hearing must be filed within ten days of your arrest in order to appeal the suspension of your license. A 10 Day Letter is recommended in all DUI cases, but if you have refused to submit to a breath test, you must file this request in order to defend yourself.
Once the request is filed, your attorney can investigate your case and identify potential defense strategies. It is important that the arresting officer followed the correct procedures when you were arrested; if they did not, your refusal might be thrown out entirely.
Suspended License after DUI
In the case that you fail to submit a 10 Day Letter in the required timeframe, the Georgia Department of Drivers Services will suspend your license. Georgia state law is very strict in cases of refusal to submit to a blood or breath test. This kind of suspension does not allow any limited license options, so it has a significant impact on your day to day life.
You may struggle to get to school or work without being able to drive. The threat of losing driving privileges for twelve months is something the state of Georgia will use as leverage to pressure drivers into pleading guilty to DUI. It seems like the easiest way out, but you never have to plead guilty. A Georgia attorney who specializes in DUI will be able to advise you on what options you have in your case.
Refusing the Breath Test
Georgia law requires you to submit to a state-administered test of blood, breath, urine or other bodily substances. As mentioned above, refusing to comply with this testing results in suspension of your license. However, the arresting officer is required to inform you of the Georgia Implied Consent Law when asking you to submit to a test.
If the officer gives you advice or answers questions that contradict the Implied Consent Law, the state cannot hold the results of a chemical test or the refusal to submit to one against you. An investigation by a skilled attorney will determine if the arresting officer violated Georgia’s Implied Consent Law.
Bring in a Dedicated DUI Attorney in Cumming for Assistance
It may seem like there are no good options when faced with the choice of taking or refusing a blood or breath test. With license suspensions, fines, community service and even jail time on the line, it is crucial to reach out to legal counsel as soon as possible. Georgia DUI laws are complicated, and consequences can come very quickly.
You always have options for your defense, and the sooner you reach out to a dedicated lawyer, the better your options are likely to be. Call us today at (678) 257-4507 to get started with a free consultation!
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Attorney Epps and his paralegal, Elicia, worked wonders for me! It was a really scary time, and they both reassured me and got the best result I could have hoped for for my case.- Lucie F.
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I don’t even know where to start when it comes to Kyle Epps. I walked into his office 3 years ago and the charges I had called for prison time. He gave me an outline on what to do, and of course, I said I’ll do this and this but not that. He pushed me hard and gave me every tool I needed to stay free. Three years later I went to court and walked out just about a free man. Not only didn’t his way work in the courtroom but it’s changed my life in every single way you could imagine. He was very stern, but he totally knew what he was talking about. His plan is 100%, it’s just a person has to do the footwork. He’s very professional and his team is on top of everything so you don’t slip through the crack. I am so grateful for meeting this man, I would not be the person I am today clean and sober if I didn’t walk into that office 3 years ago.- Anthony C.
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Kyle and Elicia were beyond fantastic! I never dreamed like most people that I would be faced with being told I want a divorce, especially after 15 years years. But they were there to make the process as easy as possible and as civil as possible and keep the kids 1st. I eventually made it through still sane all thanks to Kyle and his team. I can't say enough great things and another HUGE plus is they were beyond reasonable cost-wise! They will be my go-to for any other needs in the future.- Amy B.
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After researching for several days, I spoke to several attorneys and, The Epps Law Group was my final choice to represent me for my Simple-Battery case. Before I hired this team, I spoke to Attorney Kyle Epps directly, which made a big difference. He outlined a plan for me and said, “if you stick to the plan I give you, you will be ok”. As vague as that response was, I trusted him. This was the best decision I made.
From the moment I began working with their team, I spoke to one of their Paralegals, Elicia Davis, assigned to my case. I cannot express how knowledgeable, non-judgmental and helpful Elicia was with navigating me through my case. It was my first time dealing with the Forsyth County courts and legal system and I had gone through an emotional rollercoaster for the first couple of months. Elicia checked in constantly throughout the early stages and did everything she could to comfort my anxiety and stick to Attorney Kyle Epps’ plan.
As promised, I stuck to the plan 100% and I received news that my case was dropped, I no longer needed to go to court and I only need to address a fine and attend classes. I strongly believe that Attorney Epps’ work experience in the Forsyth courts, relationships with the prosecutors, and background as a police officer in Forsyth County gives his clients an advantage. He is well respected and is more than familiar with the process. His plan works and I honestly believe I would not have had the same outcome if I did not have The Epps Law Group on my side.- Earl A. -
Kyle did his job well for me. I was struck with a DUI last year. Knowing nothing about this I hired Kyle, due to his extensive background in law enforcement and the knowledge he provided. He laid out everything about the case during our free consultation, and it made sense. He saved my license by calling for an ALS hearing and got my charge knocked down to reckless driving. I would never have been able to do that myself, especially with an already busy schedule. Good work, Kyle, and thanks again!- Dylan P.
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Kyle was amazing to work with! He highly exceeded my expectations and was very friendly and helpful. I have had other family members work with him and he has been overly helpful and an amazing experience to work with!!- Molly P.
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Kyle did a great job on my daughter’s case, and we are very thankful. Things would have been much different had we not had him as our attorney. Communicating with his office is so easy. They have a client portal that you can log into to see appointments, documents, and messages. Elicia, his paralegal, is a pleasure to deal with as well. Highly recommend Kyle.- Diane K.
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Kyle helped me with a family law matter and also with having a stolen car returned. He exceeded my expectations at every point. He was always available, thoughtful, knowledgeable, courteous and matter of fact. From the beginning, I always felt he had my back. If any of my friends, family, or acquaintances ever need an attorney, I will recommend Kyle.- Paul P.
With a background as a police officer, prosecutor, and Judge Pro Tem, The Epps Law Group can provide you or your loved one with detailed and trusted representation. Our attorney has been involved in the criminal justice system for more than 30 years. Put our experience on your side.
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Dedicated TeamSkillful legal counsel that carefully and meticulously examines all aspects of the case for critical information.
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Unquestioned IntegrityA reputation of treating judges and prosecutors with honesty allowing him to be taken seriously when it could matter the most.
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Former Police OfficerThe knowledge that comes from a former police officer to serve clients needing accomplished criminal defense representation.
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30 Years of ExperienceOver 30 years of legal experience as a prosecutor and Judge Pro Tem, we can use insights from that experience to help you.