Our Approach

Kelly O. Henderson, Attorney at Law, has a substantial background defending clients accused of criminal offenses in LaGrange, Newnan, Franklin, Greenville, Hamilton, Carrollton and other communities in west Georgia and east Alabama. When you are facing criminal charges, it is important to protect your rights. This means not making any statements to the police that may hurt your case. This also means not pleading guilty because you think the evidence is stacked against you and the charges are not worth fighting. The most important thing you can do after a criminal arrest is to consult with the  experienced criminal defense attorney, Kelly O. Henderson: someone that you can trust with your case.

Kelly O. Henderson, Attorney at Law, can help you understand your rights, protect your rights, and most importantly, protect you. We will get involved immediately, getting in touch with the government agencies that are prosecuting your case to get answers and to give you peace of mind. We work with you personally throughout every stage of the process.

Our approach to criminal law is thorough, proactive, and collaborative. When building a criminal defense case, we carefully explore all aspects of the arrest to identify weaknesses in the prosecution’s case. We work to get cases dismissed even before they go to trial by identifying faulty evidence, errors in police procedure, and other violations of our clients’ rights.

We apply our proven defense strategy to a wide range of criminal law cases, including those involving:

• Drug crimes, including drug investigation, drug possession, distribution, cultivation, manufacturing and trafficking

• Serious felonies

• Domestic violence, including spousal abuse or elder abuse

• Sex Crimes - being accused of these crimes is a major obstacle in your life

• Serious traffic violations, such as reckless driving or driving without a license

• Probation or parole problems, involving new charges or technical violations

• Theft offenses, including felony or misdemeanor charges of larceny, robbery, grand theft, shoplifting, grand theft auto or burglary

• Credit card fraud, including bank fraud, forgery or identity theft

• Federal crimes, including federal drug charges and federal fraud and white collar crimes

Get in touch

At this firm we know that finding the right attorney to represent you is a choice not to be taken lightly. That’s why we offer free consultations to walk you through your needs, the scope of your goals, and your budget.

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• or give us a call- (404) 993-3557

Understanding DUI Stops, Chemical Tests, and License Suspension Appeals in Georgia

As a Georgia criminal defense attorney, I’ve seen firsthand how a routine traffic stop can spiral into a complex legal ordeal, especially when it involves a suspected DUI. One of the most critical issues drivers face during a DUI investigation is the decision to submit to a chemical test—breath, blood, or urine—and the consequences of refusing. Refusal can lead to an automatic driver’s license suspension, but you have rights and options, including the ability to appeal. In this article, I’ll break down the DUI stop process, the implications of refusing a chemical test, and the steps to appeal a license suspension in Georgia.

The DUI Stop: What Happens on the Road

A DUI stop typically begins when law enforcement observes signs of impaired driving—swerving, speeding, or erratic behavior—or pulls you over for a unrelated violation, like a broken taillight. Once stopped, the officer may suspect impairment based on your appearance, speech, or the smell of alcohol. This triggers a DUI investigation, which often includes:

- Field Sobriety Tests: These may include the Horizontal Gaze Nystagmus (HGN) test, walk-and-turn, or one-leg stand. These tests are subjective and designed to build evidence for an arrest, but they’re not foolproof. As an experienced attorney, I often challenge their validity in court.

- Preliminary Breath Test (PBT): This is a handheld device used at the scene. It’s voluntary in Georgia, and refusing it doesn’t carry the same consequences as refusing a state-administered test later.

- Observation and Questions: Officers look for slurred speech, bloodshot eyes, or an odor of alcohol. They may ask if you’ve been drinking. Be cautious—your responses can be used against you.

If the officer believes they have probable cause, they’ll arrest you and request a state-administered chemical test.

The Implied Consent Law and Chemical Tests

Georgia’s implied consent law (O.C.G.A. § 40-5-55) is critical to understand. By driving on Georgia roads, you’ve implicitly agreed to submit to a state-administered test of your blood, breath, or urine if an officer has reasonable grounds to believe you’re under the influence. After an arrest, the officer will read you the Implied Consent Notice, which outlines your obligation to submit to testing and the consequences of refusal.

You’ll be asked to choose a test: breath, blood, or urine. The officer typically decides the method, though you may request an independent test at your expense after complying. Refusing the state-administered test has serious consequences, including an automatic driver’s license suspension.

Consequences of Refusing a Chemical Test

If you refuse to provide a sample, the officer will submit a Form 1205 to the Georgia Department of Driver Services (DDS), triggering an administrative license suspension. For a first refusal, your license can be suspended for **one year** with no eligibility for a limited driving permit. This is separate from any criminal penalties in your DUI case.

Why such a harsh penalty? The state views refusal as an attempt to evade evidence collection, and the suspension is meant to deter non-compliance. However, this doesn’t mean you’re without recourse. You have the right to appeal the suspension, but you must act quickly.

Appealing a License Suspension for Test Refusal

The appeal process is time-sensitive and requires prompt action. Here’s how it works:

1. Request a Hearing Within 30 Days: After a refusal, you have 30 calendar days from the date of your arrest to request an administrative hearing with the DDS. This request must be in writing, include a $150 filing fee, and be sent to the DDS. Missing this deadline typically results in an automatic suspension.

2. The Administrative Hearing: The hearing is conducted by an Administrative Law Judge (ALJ) with the Office of State Administrative Hearings (OSAH). The focus is narrow—whether the officer had reasonable grounds to believe you were driving under the influence, whether you were properly informed of the implied consent law, and whether you refused the test. The ALJ doesn’t decide your criminal DUI case, only the suspension.

3. Preparing for the Hearing: As your attorney, I would thoroughly prepare by reviewing the officer’s report, body cam footage, and any inconsistencies in the stop or arrest. For example, was the officer’s suspicion reasonable? Was the implied consent notice read correctly? These details can make or break your appeal.

4. Possible Outcomes: If the ALJ rules in your favor, the suspension may be rescinded. If not, the suspension will take effect, but you can explore further options, such as an appeal to Superior Court. Additionally, resolving the criminal DUI case (e.g., a reduction to reckless driving) can sometimes open avenues to reinstate your license.

Why You Shouldn’t Face This Alone

The stakes in a DUI case are high—your license, your record, and your livelihood are on the line. Refusing a chemical test may seem like a way to avoid a DUI conviction, but it triggers immediate consequences that require swift legal action. An experienced attorney can:

- Challenge the Stop: If the officer lacked reasonable suspicion or probable cause, the stop or arrest may be invalid, potentially nullifying the suspension.

- Navigate the Appeal: The administrative hearing process is technical, and having a skilled advocate increases your chances of success.

- Protect Your Rights: From negotiating with prosecutors to exploring defenses in the criminal case, I work to minimize the impact of a DUI arrest.

Practical Tips for Drivers

- Know Your Rights: You can refuse field sobriety tests and the PBT without automatic license consequences, but refusing the state-administered test after arrest triggers a suspension.

- Stay Calm and Polite: Your behavior during the stop can influence the officer’s decisions and how your case is perceived in court.

- Act Fast: If your license is at risk, contact an attorney immediately to preserve your appeal rights.

- Consider Independent Testing: If you submit to the state’s test, you can request an independent test to verify the results.

A DUI stop can be overwhelming, and the threat of a license suspension adds urgency to an already stressful situation. At Henderson Law Firm, we’re dedicated to protecting your rights and fighting for the best possible outcome. If you’re facing a license suspension for refusing a chemical test or need help with a DUI charge, call us today at [Insert Contact Info] or visit [Insert Website URL] to schedule a consultation. Time is critical—let’s get to work defending your future.

Facing a DUI?

Possible DUI Defenses

Although it is never easy to beat a DUI charge in Georgia or Alabama, you probably have a stronger defense than you think. In order to expand your options for a positive outcome, our law office seeks to determine any procedural or civil rights violations, including:

• Why did the arresting officer pull you over?

• Was there a field sobriety test?

• Was there probable cause to support the DUI arrest?

• How was the blood test at the police station administered?

• Are there inconsistencies between the police report and the criminal complaint?

There are hundreds of possible police errors, and they can add up to reduce your charges. Depending on the facts of your misdemeanor or felony DUI case, our DUI attorneys can concentrate on seeking a dismissal based on any violation of your constitutional rights or a reduction based on other errors or mistakes by law enforcement. Our Newnan DUI lawyers are also fully prepared to secure a victory by casting doubt on the evidence obtained against you.