Request for attorney before consenting to state-administered chemical testing construed as a refusal.
Docket Number: 1328793 , Decision Date: June 10, 2013
Attachment: Click here to download the decision.
Judge Wood affirmed the decision of the Georgia Department of Driver Services (DDS) to suspend Petitioner’s license for refusing to submit to a state-administered chemical test for suspected driving under the influence. Petitioner refused to consent because she was not first given the opportunity to consult with a lawyer. Under the Georgia Implied Consent Law, an individual has no right to seek legal advice prior to agreeing to take the chemical test. As Petitioner’s behavior constituted a refusal under the law, a one-year license suspension was automatic.