Georgia Breathalyzer Refusal

If a Georgia law officer suspects you are driving under the influence of alcohol and asks you to take a breathalyzer, did you know that you are legally required to perform the test? In fact, the penalties for a Georgia breathalyzer refusal are often more severe than what you would receive if you had taken the test and failed!

Like most stated, Georgia required drivers to abide by “Implied Consent” laws. In simple terms, these laws require anyone who operates a vehicle to submit to chemical testing if an officer suspects he or she is driving under the influence of alcohol and/or drugs.

If this is news to you, you’re not alone—most drivers do not realize that they agreed to this condition when they first received their Georgia driver’s license. Nevertheless, you were notified of the implied consent law when you applied for your driving privileges, and by accepting a license, you promised to follow it. Therefore, you can expect to face criminal penalties if you are charged with refusing to submit to a breathalyzer or any other chemical testing method.

The punishment for refusing a breathalyzer includes an automatic license suspension. Once the officer reports your offense, the Department of Motor Vehicles (DMV) will immediately revoke your driving privileges. Although you can appeal this suspension by requesting a hearing with the DMV, you have only ten days to submit your request—otherwise, your license will be suspended for 30 days or more.

In addition to an administrative license suspension, you also face criminal penalties for your arrest. What’s more, even if your charges are dismissed in criminal court, the DMV may uphold your license suspension. Likewise, if your charges are dismissed by the DMV, you can still be convicted in criminal court—and face fines and penalties such as probation, community service, or even jail time as a result.

Fortunately, there are numerous ways to challenge your arrest. If the officer failed to inform you of the consequences of refusing to submit to breath testing, for example, the charges against you may be dismissed. In addition, if there was no reason to suspect you of driving under the influence, your arrest may have been unconstitutional—which means your case may be thrown out of court.

If you were recently arrested for refusing to take a breathalyzer test, it is important to discuss your case with an experienced DUI defense attorney immediately. As one of the most experienced law firms in the state, the Law Offices of Webb and Willis is well-versed in Georgia’s implied consent laws and its numerous other DUI laws. We’ve successfully represented countless drivers in courtrooms across the state, reducing many of their charges to lesser offenses or even getting their cases dismissed entirely.

Add your name to our list of successes—contact attorneys Lee Webb and Greg Willis today for a free consultation on your case. With round-the-clock availability via phone, text message, email, and Facebook, there’s no reason to wait any longer. Contact us today to put our experience and knowledge to work for you.

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