About Refusals and Alleged Refusals

Forsyth County DUI Attorney

In a DUI arrest in Forsyth and Dawson County, you will be asked to submit to the State-administered chemical test of your blood, breath, or urine. If you refuse the test, you will face the possibility of a one year suspension of your driver's license. A refusal suspension is a "hard suspension," meaning there is no limited or restricted license available. Attorney Richard Lawson must send a "10 day letter" in your case to request a hearing in order to save your ability to drive. If you have been arrested and charged with DUI Refusal, contact Forsyth County DUI lawyer to protect your right to drive and your freedom.

Many people confuse the hand-held AlcoSensor test given on the side of the road, with the actual state-administered breath test, given at the police station. After they are arrested, the police then ask them to submit to the state-administed breath test. Since the arrestee has already taken the AlcoSensor, they feel that they have already submitted to a breath test. As a result, they refuse what they perceive to be a second request to give the same breath test. The AlcoSensor test given on the side of the road is NOT the breath test. It is a preliminary field sobriety test no different than any other field sobriety test. In fact, you are not required to submit to any field sobriety tests, including the AlcoSensor.

Many people simply do not want to submit to any test or ask to speak to an attorney first. In those situations, police officers may charge the person as a refusal even though the arrestee has not in fact refused.

Some police officers take any question asked of them by an arrestee as a challenge to their authority. As a result, they charge the person with refusal even though they have not in fact, refused anything. In addition, some police officers never actually request a breath test because they know (as a result of the field sobriety tests) that their case against the arrestee is weak. As a result, they charge the person with refusal in order to improve their case against someone.

Finally, some people simply believe that since they are not actually impaired, there is no reason to submit to any testing. Since they are being treated unfairly by the police officer, they refuse to participate in anything the police officer requests. As a result, they are charged with refusal.

In the event you are charged with refusing a breath, blood, or urine test, it is essential to contact Forsyth County defense attorney Richard Lawson to protect your right to drive and your freedom.

Contact a Forsyth County DUI attorney from the Law Offices of Richard S. Lawson to assist you with your ALS hearing and to fight to avoid driver’s license suspension.