Georgia Implied Consent

Many Georgia drivers think the best way to avoid being arrested for driving under the influence of alcohol is to simply refuse to take a breathalyzer if he or she is stopped by a member of law enforcement. Unfortunately, this is not the case at all—under Georgia implied consent laws, drivers who refuse to submit to breath testing often face harsher penalties than those who fail.

Although you may not remember agreeing to it, you promised to adhere to the state’s implied consent law when you first applied for your driver’s license. Basically, this law states that if you are ever stopped by a police officer and he or she suspects you are driving under the influence of alcohol—a crime known as DUI—you will comply with his or her request for breath testing. Violating this agreement, therefore, can lead to severe criminal penalties.

In many cases, your refusal to perform a breathalyzer may be used against you in your criminal DUI trial, which means you are more likely to be convicted of the offense. Despite this, however, the officer who arrested you must first prove that he or she had sufficient cause to suspect you were under the influence of alcohol. For example, if you were stopped driving erratically or had alcohol on your breath, the officer has probable cause to administer a breathalyzer.

So what are the penalties for refusing to take a breath test? In most cases, you can expect to lose your driver’s license, pay expensive fines, and spend time in jail if you are convicted of violating the Georgia implied consent law. You may also face additional consequences in the future, including increased auto insurance rates and difficulties obtaining employment and/or housing.

Fortunately, with the right defense strategy, you may be able to avoid many of the penalties associated with a DUI and/or implied consent conviction. In many cases, a skilled DUI defense attorney can reduce your charges to a lesser offense, or even get them dismissed entirely.

At the Law Offices of Webb and Willis, we believe everyone deserves to have a strong legal defense team. After representing countless drivers just like you, attorneys Lee Webb and Greg Willis have the experience to help you challenge your arrest and improve your chances of obtaining a favorable outcome in court.

Put two of the state’s most successful DUI defense attorneys to work for you. Contact the Law Offices of Webb and Willis for a free case evaluation. We will review the evidence against you to find any details that can be used for your defense. Call, text, email, or message us on Facebook to start planning your strategy. We’re available anytime, day or night—24 hours a day, 7 days a week, so there’s no reason to wait. Contact us today.

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