Georgia Breathalyzer Refusal

During a driving under the influence (DUI) test in Georgia, you will be asked to take a chemical test in order to determine your blood alcohol content (BAC). In most cases, you must submit to a breath test, though blood or urine tests may also be used. If you refuse to take a breathalyzer test, you could face an administrative license suspension by the Department of Motor Vehicles, even if you are not convicted of drunk driving in a criminal court. If you have recently refused to take a breathalyzer test during a DUI arrest, you should speak with an experienced defense attorney in an effort to keep your driving privileges.

During a DUI traffic stop, you may be asked to take an Alco-Sensor test on a hand-held device. This test is used to determine if there is probable cause for arrest and is no different than taking a field sobriety test. In fact, this preliminary breath test is entirely voluntary.

If you are arrested, you will be transported to the police station for the official breathalyzer test. The officer must inform you of Georgia’s Implied Consent laws, which state that you must comply with the officer’s request to take a chemical test or receive a license suspension. When you received your driver’s license, you automatically implied your consent to this request. If you were not given an Implied Consent warning, you should let your DUI defense attorney know.

You have 10 days after your arrest to request an administrative hearing to contest your driver’s license suspension. These hearings are notoriously difficult to win, so you need to make sure you have an experienced attorney on your side. For a first offense, your license may be suspended for one year of hard suspension, which means you are ineligible for a restricted or limited driving permit.

This administrative license suspension is entirely separate from any criminal suspension you may face. Therefore, you need to make sure you meet all of the court deadlines in order to contest the suspension.

The Willis Law Office is devoted to helping clients like yourself who have been arrested and charged with drinking and driving. We will work tirelessly to build a solid case in order to secure a positive outcome. Contact us today for a case evaluation.