Refusals / Alleged Refusals

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Gainesville DUI Lawyer


When you are arrested for DUI, you must submit to a state-administered chemical test of your blood, breath, or urine. If you refuse to take a urine, blood or breath test, you can face a one year suspension of your license. To stop this from happening you should contact the Law Offices of Richard S. Lawson so that his legal team can send a "10 day letter" to request an ALS hearing in order to save your license from being suspended.

When you are first pulled over, you are often given a field sobriety test, commonly known as an AlcoSensor test. This test given on the side of the road is not the official state administered test. The AlcoSensor test is just one of the many different examples of a field sobriety test, remember you are not required to take any field sobriety test. The test that you must take is the official state administered breath, blood, or urine test that is performed at a police station or a hospital. Often, the arrestee will refuse the second test because they believe they have already submitted a breath sample when they performed the field sobriety test. If you refuse the official test, you can be charged with refusal and may potentially lose your license for a year - with no potential for a restricted license during that time.


Often, the arrestee does not want to answer any questions or submit to any test until their attorney is present. An officer may then charge you with refusal even though you have not formally refused. Some officers will even take any questions that the arrestee has as a challenge to his or her authority and may charge them with refusal even though the arrestee just wants more information. In addition, some law enforcement officials will not request a breath test because they suspect that the individual in custody will not have a high enough blood alcohol concentration (BAC) to warrant a DUI charge. Instead, they charge the individual with refusal in order to avoid getting a BAC that weakens their case.

Occasionally, if an individual knows they are not impaired and believe that they are being treated unfairly by the officer they refuse to provide a sample for a test. As a result, they can be charged with a refusal. If you are ever charged with a refusal you should contact a Gainesville DUI attorney. Richard Lawson and his legal team are ready to protect your right to drive.

Contact a Gainesville DUI attorney from the Law Offices of Richard S. Lawson to assist you if you have recently been accused of refusing to take one of the official state administered tests.

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