Request for attorney before consenting to state-administered chemical testing construed as a refusal.

Topic: DUI, Decided by Judge Wood 
Docket Number: 1328793 , Decision Date: 2013-06-10 
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.

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