Refusals not allowed

Posted By Richard Lawson on Jan 3, 2011 12:04am PST

Recent national articles have noted a trend where people are being forced to submit to chemical testing. Judges are signing warrants to take the blood of DUI Suspects who refuse breath-testing. This is a clear violation of a person's 4th Amendment right against self-incrimination. It appears as if the 4th Amendment has simply ceased to exist. In Georgia, you have a statutory right to refuse to submit to testing. However, there are exceptions to this rule. In vehicular homicide cases and in cases where there is a serious injury by vehicle, your chemical test can be compelled. Otherwise, you have a right to refuse. However, refusals in Georgia carry additional legal consequences. When you refuse to take the breath test, you Georgia Driver's License can be suspended for 12 months. With an Atlanta 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 is real.

Refusals not allowed

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