Canton Breathalyzer Refusal

Being pulled over for DUI is overwhelming and unpleasant.

If you are pulled over for DUI in Canton, the officer usually asks you a bunch of questions and requests you take field sobriety tests. The officer will then read you an implied consent notice (which is required by Georgia law for a valid DUI arrest), and then will ask you to take a breathalyzer. But why should a citizen submit to such a test? What about your constitutional right against self incrimination. Unfortunately, in a DUI case, such rights are ignored by the courts and legislatures. If you refuse to cooperate with the officer and offer self incriminating evidence, this will be an implied consent refusal and your license will be suspended for one year. A Canton DUI attorney should be contacted as soon as possible to appeal this suspension and to preserve other evidence in your case.

For future reference, if you are asked to submit to a breathalyzer, you will face a license suspension if you do not, so you should comply with the officers test. You are entitled to get a blood test at your own expense to confirm the results if you believe the test was inaccurate. Breathalyzers are often inaccurate and improperly administered.

An experienced DUI attorney should be consulted right away to discuss GA driving privileges and how to deal with the aftermath of a refusal. Contact Canton DUI attorney Richard S. Lawson for a free consultation.