Penalties of Breathalyzer Refusal

Georgia Implied Consent Law & Your Atlanta DUI Charge

According to state law, if you have a driver's license, you have agreed to take a breath test if an officer thinks that might be intoxicated behind the wheel. This is because when you sign off on a license, you have signed off on Georgia's Implied Consent law. If you refuse a Breathalyzer test, then the Department of Driver Services (DDS) can automatically suspend your license before you ever get to plead your case in court!

At Thomas & Willis, LLC, you can find an extensive record of success and client satisfaction. These Atlanta DUI attorneys bring more than 100 years of defense experience to the table, and have merited numerous awards for their dedication and giftedness. When you need to know your options and defenses, you can find the legal support you deserve at this firm 24/7.

Don't hesitate to contact the defense team now!

Understanding Your Rights

If you are asked to take a roadside breath test, you can refuse to do so with no consequences. What is mandated by law is that you submit to an evidentiary breathalyzer test at the police station. If you have been arrested for DUI and refuse this breathalyzer test, the consequence is license suspension.

The following are common questions we receive about what rights our clients have:

  • Can you be convicted of DUI without breath test results?
    Yes. One of the most important pieces of evidence in your case is the police report, where the officer would describe you driving behavior and your appearance, noting signs such as bloodshot and glassy eyes, statements you made, an open alcohol container, etc. With this evidence alone, prosecutors have been successful. And as for your refusal, a prosecutor can use this against you, stating this is proof that you knew you were drunk.
  • What are your options after refusal?
    You have to act immediately! There is a 10-day deadline by which time you have to request a DDS hearing, or you will lose you license 31 days after your arrest.

Put the Right Atlanta DUI Attorney on Your Side!

If you find the right Atlanta DUI attorney, you can be sure to meet the deadline and have skillful defense for the DDS hearing. For the criminal trial, a lawyer can craft the case and deliver the impassioned argument that could get you reduced or dismissed charges. In either setting, an attorney could establish that you were not cautioned about what would happen if you refused the breath test. Perhaps the arrest was invalid, or your constitutional rights were violated. An experienced attorney could find these and other defenses.

When your driving privileges, freedom, and future are on the line, you want only the best DUI defense possible. Set up your free consultation with a proven defender today!