Recent studies have concluded there is a trend of people being forced to submit to chemical testing of their blood or breath. Judges are signing warrants to take the blood of DUI Suspects who refuse to take a breath test. This is a violation of a person's 4th Amendment right against self-incrimination. In the State ofGeorgia, you have a statutory right to refuse testing. However, there are exceptions to this rule. In vehicular homicide cases or where there is a serious injury by vehicle, your chemical test can be compelled. Otherwise, you have a right to refuse. But you must know, refusals in Georgia carry additional legal consequences. When you refuse to take a blood or breath test, your Georgia driver's license can be suspended for 12 months. With a Cherokee County DUI, most of the State Patrol officers will attend the administrative license hearings in refusal cases. As a result, the prospect of losing your license for 12 months could very well be reality.
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