Atlanta DUI Attorney Blog

An administrative suspension triggered by the officer proving that you refused to submit to being tested after having been lawfully arrested and advised of your legal obligation to supply a breath, blood or urine sample can be particularly damaging to your right to drive in Georgia.  Incidentally, attempts by DUI arrestees to demand a DUI attorney’s advice first, or to continue to say, “I don’t understand the implied consent warning” will NOT be effective.  Appellate cases in Georgia say that you can be declared as having “refused” testing BY YOUR CONDUCT, including merely not speaking and never saying that you will submit to testing.  If you do not successfully challenge the legitimacy of the proposed suspension, by filing a written, timely ALS appeal, and successfully pursue that challenge, NO LIMITED (WORK) PERMIT is available for you.  At no point of the DUI prosecution is a skilled attorney’s help more valuable to you.  Winning or successfully negotiating a “withdrawal” of the proposed administrative license suspension is critical to success at the criminal case, which arises later.