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Sessions & Fleischman, LLC

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470.225.7710

  • Home
  • About
    • About
    • Ben Sessions
    • Andrew Fleischman
    • Locations
    • Atlanta, GA Office Location
      • Personal Injury
      • Atlanta DUI
    • Macon, GA Law Office Location
      • Macon Car Accident
      • Premises Liability
      • DUI Attorney
    • Milledgeville Law Office
      • Workers' Comp
      • Truck Accident
      • Motorcycle Accident
      • Car Accident
      • Personal Injury
    • LaGrange, GA Lawyers
      • LaGrange Personal Injury
      • LaGrange Car Accident
    • Columbus, GA Office Location
    • Areas We Serve
      • Albany
      • Americus
      • Atlanta
      • Bartow County
      • Bibb County
      • Brookhaven
      • Centerville
      • Chatham County
      • Chattanooga
      • Clayton County
      • Cobb County
      • Columbia County
      • Columbus
      • Coweta County
      • DeKalb County
      • Doraville
      • Douglas County
      • Dublin
      • Fayette County
      • Gray
      • Griffin
      • Gwinnett County
      • Hall County
      • Hawkinsville
      • Henry County
      • Hinesville
      • Houston County
      • Jackson County
      • Lowndes County
      • Macon
      • McDonough
      • Milledgeville
      • Muscogee County
      • Newton County
      • Paulding County
      • Perry
      • Pooler
      • Richmond Hill
      • Roberta
      • Rockdale County
      • Savannah
      • Walker County
      • Walton County
      • Whitfield County
  • Practice Areas
    • Personal Injury
      • Car Accidents
      • Motorcycle Accidents
      • Truck Accidents
      • Slip-And-Fall & Premises Liability
      • Pedestrian Accidents
      • Bicycle Accidents
      • Elder Abuse
      • Product Defect Attorney
      • Defective Product Injuries
      • Negligent Security
      • Wrong Prescriptions
      • Wrongful Death
    • Appeals
    • Post-Conviction Relief
    • DUI Defense
      • 2nd DUI Offense
      • DUI Drug Offense
      • Child Endangerment DUI
      • License Suspension
    • Criminal Defense
      • Getting a Bond
      • Drug Charge Defense
      • Sex Crime Defense
      • Domestic Violence
      • Probation Violation
      • Vehicular Homicide
    • Employment
      • Severance Package Negotiation
    • Workers’ Comp
      • Calculating Workers’ Comp Payments
      • Fall at Work
  • Testimonials
    • Case Results
  • Resources
    • Resources
    • Preparing for Our Meeting
    • Personal Injury Resources
      • Health Insurance Reimbursement
      • Personal Injury Blog
      • Attorney for Back Injuries
      • Spinal Cord Injuries
      • Nerve Damage
      • Attorneys for Broken Bones Caused by Accidents
      • Brain Injury
      • Scarring
    • Car Accident Resources
      • Injuries Caused by Distracted Drivers
      • Injuries Caused by Drunk Drivers
      • Injured by a driver following too closely?
      • Most Common Car Accident Causes
      • Do I Need a Lawyer for My Car Accident Case?
      • Car Accident Blog
      • Step-By-Step Car Accident Guide
    • DUI Defense Resources
      • DUI Defense Blog
      • Georgia DUI Process
      • The “Walk and Turn” Test in DUI Cases
      • The Eye Test
      • Your Driver’s License After a DUI Arrest
      • License Suspension in A DUI Case
      • Ignition Interlock Permit
      • Importance of Your Driving in Your DUI Case
      • Your Criminal Record & a DUI
  • Contact Us Now

Driver’s License Suspension for Refusing a DUI State-Administered Test

Driver’s License Suspension for Refusing a DUI State-Administered Test

What Do You Do if Your License Has Been Suspended for Refusing a DUI Test?

If this suspension is based upon your refusal to submit to blood/breath/urine test,

  • your license will remain suspended for a period of at least one (1) year,
  • You will not be eligible for a limited driving permit, and
  • this suspension is not subject to early reinstatement.

You may receive credit for the time served on this suspension toward satisfaction of the suspension of your driver’s license for driving under the influence if you are convicted in the criminal case related to this suspension. You must win your criminal DUI case or get your DUI reduced in order to re-obtain your driver’s license prior to the expiration of 12 months.

Georgia Law Regarding Suspension of Your Driver’s License After Refusing to Submit to A State-Administered Test After a DUI Arrest (o.C.G.A. § 40-5-67.1)

If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given; but the law enforcement officer shall report the refusal to the department. Upon the receipt of a report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident which resulted in serious injuries or fatalities and that the person had refused to submit to the test upon the request of the law enforcement officer, the department shall suspend the person’s driver’s license, permit, or nonresident operating privilege for a period of one year or if the person was operating or in actual physical control of a commercial motor vehicle, the department shall disqualify the person from operating a commercial motor vehicle and shall suspend the person’s driver’s license, permit, or nonresident operating privilege, subject to review as provided for in this chapter.

Reinstatement of Your Driver’s License After an Administrative License Suspension for Refusing to Submit to A State-Administered Test Following a DUI Arrest

The reinstatement of your driver’s license after an administrative license suspension for refusing to submit to a state-administered test following a DUI arrest only requires the passage of time. The suspension “ages off” of the record at the end of 1 year. No reinstatement fee is required in order to re-obtain your driver’s license.

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