How should I contest a dui non verbal refusal?

[andthen]

What is the name of your state (only U.S. law)? GA

I was arrested for dui less safe a couple of days ago leaving a restaurant. I was pulled over for making a uturn. Officer smelled alcohol. I agreed to do the roadside test thinking I was going to pass. I had a mojito hours before while at the movies. At dinner I had a beer and took a sip of my boyfriend shot. I doubt I will ever drink again. So not worth it. This is my first dui and arrest, I'm in my 30's.

At the police station the officer read the consent form for a chemical test. I stated I didn't know how to answer that without a lawyer. He took that as a non verbal refusal. I honestly didn't understand what he was saying. I suffer from PTSD and depressive disorder so I have a problem with concentration and comprehension.

Now I need to contest my administrative license suspension. I'm lost as to what to say. I need my license mostly to make it to my Doctors appointments. What should I say? where it says, Please state why you contest this suspension. I'm lost

 

[FlyingRon]

At the police station the officer read the consent form for a chemical test. I stated I didn't know how to answer that without a lawyer. He took that as a non verbal refusal. I honestly didn't understand what he was saying. I suffer from PTSD and depressive disorder so I have a problem with concentration and comprehension.

Everybody thinks they passed the field sobriety tests. All you did is provide evidence against yourself.

You do not have the right to an attorney before you take the test. Either you submit to the test or it is a refusal. Your alleged psychological issues don't play into this.

Now I need to contest my administrative license suspension. I'm lost as to what to say.

What you need is an attorney. The odds are against you. Nothing you have said here will allow you to prevail in the administrative action against you. A lawyer can take an expert's dispassionate view of the facts surrounding your arrest and see if there is anyway that the administrative suspension can be challenged.

I need my license mostly to make it to my Doctors appointments. What should I say?

Nothing you can say along these lines is going to be helpful to you. There is no hardship clause that allows even limited driving for a refusal suspension.

You need an attorney who can verify if the arrest was reasonable, whether the request for the test was done properly, etc... Further, you're going to need one for the DUI anyhow. You are in big trouble on that one. Georgia permits the fact that you refused the test to be evidence that you knew you would likely fail it. THat and the officer's observation of your intoxciated state can convict you.

 

[tranquility]

If there was a magic thing to say, everyone would say it. You can try to claim mental disability to where you did not understand your duties under the law even though they were explained to you. But, lots of really drunk people seem to understand the issue just fine and saying you were confused is going to be a hard sell.

 

[FlyingRon]

It is a common misunderstanding in this day and age that invoking depression or claims of PTSD get you a pass or some special consideration in the criminal justice system. It's just not the case. Unless you are so disabled as to not understand your actions, you're expected to suck it up and obey the law and deal with the reprucussions of violating it. If you were so disabled, chances are you ought not to be legally driving.

 

[tranquility]

It is a common misunderstanding in this day and age that invoking depression or claims of PTSD get you a pass or some special consideration in the criminal justice system. It's just not the case. Unless you are so disabled as to not understand your actions, you're expected to suck it up and obey the law and deal with the reprucussions of violating it. If you were so disabled, chances are you ought not to be legally driving.

That's always the rub. Using mental illness as an excuse to violate the law is not an easy thing. If you do prove it up enough to be useful, other things happen that are bad.

 

[andthen]

That's always the rub. Using mental illness as an excuse to violate the law is not an easy thing. If you do prove it up enough to be useful, other things happen that are bad.

I am not using it as an excuse. I honestly didn't understand what the officer was saying when he mentioned the chemical test. I didn't refuse to take the test at the scene and I told him what I had to drink. I am not denying I violated the law, I took the roadside test because I didn't think I was impaired to drive. I lost a family member to dui so I wouldn't intentionally drive drunk. I know there is a high chance my license will be suspended for a year. I came here for advice, not to be bashed. I contacted a couple of lawyers today, I am waiting for them to call me back.

 

[andthen]

It is a common misunderstanding in this day and age that invoking depression or claims of PTSD get you a pass or some special consideration in the criminal justice system. It's just not the case. Unless you are so disabled as to not understand your actions, you're expected to suck it up and obey the law and deal with the reprucussions of violating it. If you were so disabled, chances are you ought not to be legally driving.

I'm not seeking a pass. I am okay with pleading guilty to dui and will accept the charges. I just didn't know what I said at the police station was going to get me a non verbal refusal and automatic one 1 years suspension. I didn't understand what he was saying. Yes, I am disabled and lots of disabled people are allowed to drive. That was a rude inhumane statement stating that disabled people shouldn't be allow to drive.

 

[tranquility]

I am not using it as an excuse. I honestly didn't understand what the officer was saying when he mentioned the chemical test. I didn't refuse to take the test at the scene and I told him what I had to drink. I am not denying I violated the law, I took the roadside test because I didn't think I was impaired to drive. I lost a family member to dui so I wouldn't intentionally drive drunk. I know there is a high chance my license will be suspended for a year. I came here for advice, not to be bashed. I contacted a couple of lawyers today, I am waiting for them to call me back.

I'm sorry you found "excuse" problematic. Let's say legal excuse. It's not a defense as intent is not a part of the suspension. If you honestly did not understand what you had to do at the time the officer explained it to you as thousands of truly drunk people have, your goal may not be achievable. Here's why. There is a potential under extreme hardship issues to get a provisional license to do certain things from a judge. If you claim that because of your mental illness you were unable to understand the state-compliant format and explanation in regards to the chemical test, what judge would feel you were competent to drive?

It's good to get lawyers in up front. They will help mitigate the damages. But, there will be damages. There will be consequences to your actions. The state will prove you drove under the influence. Maybe not, I don't know their facts. But I do know how the officer will testify. Certainly, it will be easier for your attorney to poke holes in the state's case because there is no physical evidence of your impairment. The legislature knows that and created penalties for you failing to cooperate with chemical testing. They notified you of this law up front when you got and renewed your license. You admit you were read the informed consent warning so I'm not sure where the attorney will want to go with this. I do believe you have 10 days from the automatic suspension to appeal so make sure you get representation quickly.

 

[tranquility]

I'm not seeking a pass. I am okay with pleading guilty to dui and will accept the charges. I just didn't know what I said at the police station was going to get me a non verbal refusal and automatic one 1 years suspension. I didn't understand what he was saying. Yes, I am disabled and lots of disabled people are allowed to drive. That was a rude inhumane statement stating that disabled people shouldn't be allow to drive.

He did not say disabled people should not be allowed to drive. He said people who are so disabled to not know the driving laws should not be allowed to drive.

 

[FlyingRon]

I'm sorry you don't like what you are being told, but it is neither rude nor inhumane to explain that your statements about your depression/PTSD are entirely irrelevant to the situation. You were the one who brought them up here which would lend an y reasonable person to think that you were asserting they had some relevence.
'
Again, your confusion is not going to get you out of this. The consent warning you were give is straight-forward. Submit to the test or you will suffer the consequences. You do anything in respnose to that but submit, and you will get the refusal. You don't get to mount an argument, you don't get to talk to the a lawyer, you don't get to do anything but blow in the machine (or whatever the nature of the test is).

Again, you should consult an attorney. You will not get a limited license for a refusal suspension.

I'm not sure why you want to roll over on the DUI.

 

[TigerD]

I'm sorry you don't like what you are being told, but it is neither rude nor inhumane to explain that your statements about your depression/PTSD are entirely irrelevant to the situation. You were the one who brought them up here which would lend an y reasonable person to think that you were asserting they had some relevence.
'
Again, your confusion is not going to get you out of this. The consent warning you were give is straight-forward. Submit to the test or you will suffer the consequences. You do anything in respnose to that but submit, and you will get the refusal. You don't get to mount an argument, you don't get to talk to the a lawyer, you don't get to do anything but blow in the machine (or whatever the nature of the test is).

Again, you should consult an attorney. You will not get a limited license for a refusal suspension.

I'm not sure why you want to roll over on the DUI.

I'm not going to look up the OPs state specific case law because she clearly needs the assistance of an experienced DUI lawyer. However, I can't imagine any state denying a person the right to speak to a lawyer prior to deciding whether or not to provide evidence against herself. (In Missouri, the person is given 20 minutes to contact a lawyer on request - there is one of those pesky amendment thingys about the right to counsel. I'm pretty sure it applies to other states as well. But Georgia has always been one of the special children) Saying I can't answer that without talking to a lawyer is close enough to asking for a lawyer that, after a review of state specific case law, a lawyer may recommend fighting it.

TD

 

[drruthless]

What is the name of your state (only U.S. law)? GA

I was arrested for dui less safe a couple of days ago leaving a restaurant. I was pulled over for making a uturn. Officer smelled alcohol. I agreed to do the roadside test thinking I was going to pass. I had a mojito hours before while at the movies. At dinner I had a beer and took a sip of my boyfriend shot. I doubt I will ever drink again. So not worth it. This is my first dui and arrest, I'm in my 30's.

At the police station the officer read the consent form for a chemical test. I stated I didn't know how to answer that without a lawyer. He took that as a non verbal refusal. I honestly didn't understand what he was saying. I suffer from PTSD and depressive disorder so I have a problem with concentration and comprehension.

Now I need to contest my administrative license suspension. I'm lost as to what to say. I need my license mostly to make it to my Doctors appointments. What should I say? where it says, Please state why you contest this suspension. I'm lost

You say where is the nearest bus stop?

 

[tranquility]

However, I can't imagine any state denying a person the right to speak to a lawyer prior to deciding whether or not to provide evidence against herself. (In Missouri, the person is given 20 minutes to contact a lawyer on request - there is one of those pesky amendment thingys about the right to counsel. I'm pretty sure it applies to other states as well.

I think you should look up some of that state specific case laws. I believe the vast majority of states do not allow for a consultation with an attorney before chemical testing. If by those pesky amendment thingys you mean the Fifth, Miranda has to do with testimony and not gathering of physical evidence. If the Fourth, reasonable search that is not changed by attorney consultation. If by the Sixth, while when the right attaches at some point depending on the facts and state, it usually has to do with jeopardy attaches. In my state it would be an accusatory proceeding.

I think you'll find Missouri is the outlier.

Georgia edit:
http://administrativelawreport.com/?p=1795

 

[quincy]

Your link doesn't work for me, tranquility.

Here is a link to Georgia Code Section 40-5-55, "Implied consent to chemical tests" law: http://law.justia.com/codes/georgia/2014/title-40/chapter-5/article-3/40-5-55/

and

Here is a link to Georgia Code Section 40-6-392: http://law.oncle.com/georgia/40/40-6-392.html

and

Here is a link to Georgia Code Section 40-56-67.1: http://law.justia.com/codes/georgia/2010/title-40/chapter-5//article-3/40-5-67.1

A driver in Georgia can refuse to take the test, with the refusal meaning there will be an automatic one year driver license suspension, and the police will then get a warrant for a blood test which the driver cannot refuse.

Most of the states I am familiar with have an "implied consent" law, with implied consent to chemical tests a condition of getting/retaining a drivers license in the state.

 

[tranquility]

Your link doesn't work for me, tranquility.

I haven't used the secret magic linking technology. I've just cut and paste the letters in the address bar. At the link, the text goes to "The Administrative Law Report" for Georgia and has the text of:

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.

The case linked is at (With hope, using magic link technology):
http://www.administrativelawreport.com/wp-content/uploads/gravity_forms/7-4290b068ac7052f5d7bce1ca986eb4ee/2013/06/1328793.PDF

Case law edit:
The actual Georgia Supreme Court case referenced in the linked case is at:
Rackoff v. State, 281 Ga. 306 (Ga. 2006)
https://casetext.com/case/rackoff-v-state-1?page=707