Gwinnett County DUI Implied Consent Law
Did you know that if you are pulled over on suspicion of driving under the influence (DUI), your license could be suspended even if you decline to take a breathalyzer test? Under Gwinnett County’s “implied consent” law, which you agreed to when applying for your Georgia driver’s license, you could face serious penalties for refusing to take a breath test when asked by a law enforcement agent. If you have recently been charged with violating the Gwinnett County DUI implied consent law, you should immediately contact a qualified DUI defense lawyer.A DUI case is comprised of two components: administrative and criminal. After refusing to take a breathalyzer test, you may face an administrative driver’s license suspension, which is imposed by the Department of Motor Vehicles. You will receive a notice from the officer, informing you that you have only 10 days to request a hearing with the DMV in order to contest your administrative license suspension. The officer may also immediately seize your license and issue a temporary driving permit. Failure to do so will result in an automatic suspension 30 days after your Gwinnet County drunk-driving arrest.
For a first breath test refusal, your driver’s license may be suspended for one year. You may face a three-year suspension for a second refusal, and a five-year suspension for a third refusal. In some cases, you may be eligible to a limited permit, which would allow you to drive to court-approved locations such as school, work, or medical appointments.
Georgia law requires the arresting officer to inform you of the implied consent warning. This legal warning outlines the penalties for refusing to submit to the breathalyzer test and advises you that you have the right to conduct additional tests at your expense. However, if the officer does not read the warning or gives you incorrect information, this evidence can be used to your benefit.
If you are facing charges of Gwinnett County DUI implied consent law, Attorneys at HTW&W are here to help you. They have successfully defended numerous clients in administrative license hearings and helped them retain their driving privileges. To learn how HTW&W can help you, contact their law office for a free, no-risk case evaluation.
