Mostly, when we are guilty about anything we generally try to avoid do such things which can lead towards the unveiling of that guilt, mistake, blunder or crime. The same is the case when we are drunk or drugged and driving. If a police officer ever tries to stop us when we are under the influence, the very first thought that comes to mind is to just avoid taking the test that would prove our guilt, as doing so would just direct us towards a DUI offense case. Whether we are drunk or not, the fact of the matter is that our refusal for such a necessary action would lead us towards getting convicted of DUI.
Whenever any officer has a doubt on a rough driver that he is drunk, he will immediately ask for a breath, blood or urine test to decide about DUI allegations, they are trained in that way. But mostly, we get offended and refuse to give such type of tests that according to Georgia state law leads to DUI/DWI offense case. In such type of cases, police officer will take our driving license and report a case to suspend your license but he will also give an opportunity to request for hearing to let you tell your part of the story and within 30 days. You can challenge this suspension of your driving license. Refusal effect on DUI case could lead into so many mishaps.
Now, if you do not challenge the suspension or you have requested it and you have failed in challenging the suspension, then you will have one year suspension on your driving license. Now, here is a very crucial thing to be noted down that it will be for one year if only your last time refusal was five years ago.
Anyway, the most important thing to be notice that suspension starts after 30 days maximum, if you want to stop the suspension then you can do that by just following two simple rules:
1. Complete a program related to drug-risk reduction
2. Resettlement of your license by paying a fee of $210.
Now, if within five years you refused for the second times then you can ask for resettlement after 18 months and your license will be suspended for next three years and you still have to fulfill the above mentioned two points which are to complete a program and pay the license fee.
For any future refusal that could be your third one then the driving license would be suspended for five years and you have take a longest program to get back your license, still you can apply for a probationary license after two years of your suspension. (1)
Can anyone refuse to give BAC test? It does not matter whether you refuse from the BAC test or not, you are still alleged for the accusation of DUI offense. In Georgia, the refusal consequences are simpler then DUI when it comes to prison, fine and other charges.
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