Refusals / Alleged Refusals

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If you are arrested on a DUI related offense in the Roswell or Alpharetta area, law enforcement officials will request that you take the state administered chemical test of your urine, blood or breath. If you decide to refuse the test, you can potentially face the one year suspension of your driver's license. This suspension is classified as a "hard suspension" because you do not have the option to request a restricted license after one month. To prevent this from happening, your legal team at the Law Offices of Richard S. Lawson will submit your "10 day letter" that requests a hearing in order to preserve your ability to drive.

Understanding Consequences of Refusals and Alleged Refusals

When you are first pulled over by an officer who suspects that you are driving under the influence, you are asked to perform a series of field sobriety tests. One of those tests can be the handheld AlcoSensor test - this test is not the official state administered test. Often, the arrestee confuses the field sobriety breath test with the official state administered test and refuse the second test because they believe they've already supplied a sample. It's important to realize, however, that the AlcoSensor test administered on the side of the road is NOT the breath test; it is only the preliminary field sobriety test. Please note that you are not required to submit to any field sobriety test, including the AlcoSensor. The refusal of the second test, however, can be considered a refusal to submit to a breath test.

Occasionally, the arrestee does not want to submit to any test until he or she speaks with an attorney. In those cases, officers may charge the individual with a refusal even though they have not formally refused. In addition, some police officers never request a breath test because they suspect the person may not register over the legal limit thus harming their case against you. Regardless, however, of the exact circumstances of your situation, if you have recently been accused of refusing to take a state administered test, it is vastly important that you do not hesitate to contact an aggressive DUI lawyer from our firm for defense that you can trust.

Contact a Roswell DUI Attorney from our firm if you are charged with refusing a test of your breath, blood, or urine. 

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