Rossville DUI Lawyer
When you are charged with DUI in Rossville, there is no time to wait. Trust our Rossville DUI Attorneys with your case. If you are looking for an aggressive yet experienced team of DUI lawyers, look no further. With over 25 years of experience and 5,000 clients represented, we know what it takes to obtain a great outcome in your case. Call now for a free, no obligation case evaluation.
What Happens If I Refused the Breath Test in Georgia?
Refusing a DUI breathalyzer test can result in serious consequences. If a police officer pulls you over and you refuse to take the state-mandated chemical test, you risk your driver's license being suspended even jail time. There is a lot of confusion about which tests are voluntary and which one is the state mandated test. As a result, some people took a breath test when they didn't have to or refused the mandatory test.
Many of our clients mistakenly believe that the handheld Alco-sensor test is a mandatory test. The Alco-sensor test administered on the side of the road during a police stop is not required! It is a field sobriety test and not the chemical test.
Only after a lawful arrest can a law enforcement officer ask an individual to submit to a chemical test. The arresting officer has numerous protocols he must follow in order to be able to arrest you. If any procedure was not followed correctly, then the refusal can be thrown out of court. However, at the police station, the officer will ask if you will submit to a chemical test. This is the only mandatory breath test. This is the test where if you refuse, your license will be suspended for one year.
Some of our clients refuse the chemical test because they already submitted to the Alco-sensor test. They do not understand why they have to take a second test. However, this chemical test is not a second request; it is the state-mandated chemical test. Other times our clients refuse the testing because they are waiting to speak with a DUI Attorney in Rossville. Even though they aren't directly refusing the test, it could still be charged as a refusal. Furthermore, we have had clients who were too upset after the arrest to even comprehend that they were refusing. But because of their hysteria, the officer had to log it as a refusal.
No matter the reason for the refusal, it will result in a one-year license suspension. However, our Rossville DUI Lawyers can help you avoid this suspension!
Refusals and Administrative License Suspension (ALS) Hearings
If arrested for a DUI and you refused testing, the State can take your license away. Many times the State leverages the possibility of losing your license to force drivers to plead guilty to DUI. Then, their license is suspended for 12 months. This does not have to happen to you. Our DUI Lawyers in Rossville are here to help!
The first step is the 30 day letter to request an administrative license hearing. Our DUI Attorneys in Rossville will file the letter for you within the 30-day deadline. Some people have a choice whether to file the 30-day letter, but in cases of a refusal, a 30-day letter must be sent!
A failure to file for an ALS hearing will result in the Department of Driver Services (DDS) suspending your license for one year. There will not be an option to obtain a limited driving permit to get you to and from work or school. This will be a hard suspension of your license.
Rossville Municipal Court
If charged with DUI in Rossville, your case will proceed in Rossville Municipal Court. Court is held the first and third Monday of the month at 5:00 at 400 McFarland Avenue, Rossville, GA 30741. For more information, call 706-866-1325.
Contact Our Rossville DUI Lawyers Today
Do not make the mistake of thinking you have to suffer the 12-month license suspension. Our DUI Lawyers in Rossville will file your 30-day letter to start the process and then will take time to investigate your case thoroughly. We will look through all the evidence to make sure the arresting officer following all the correct procedures during your arrest. Call now for a free case evaluation.