What Happens If You Refuse a Breathalyzer Test In Georgia?
If you are pulled over under suspicion of driving under the influence (DUI) in Georgia, you may be asked to take a breathalyzer test. Many drivers wonder whether they have the right to refuse and what consequences might follow. Georgia law has strict provisions regarding chemical tests, and refusing a breathalyzer can lead to serious penalties. Understanding your legal rights and the potential outcomes of refusing a test is crucial.
Understanding Georgia’s Implied Consent Law
Georgia has an implied consent law (O.C.G.A. § 40-5-67.1), which means that by driving on Georgia roads, you automatically agree to submit to chemical testing if you are lawfully arrested for DUI. This includes breath, blood, and urine tests used to measure blood alcohol concentration (BAC) or detect drugs in your system.
When a law enforcement officer suspects impairment, they will request a breathalyzer test after placing you under arrest. At this point, the officer is required to read Georgia’s implied consent notice, which informs you of the consequences of refusing the test.
What Happens If You Refuse A Breathalyzer Test?
Refusing a breathalyzer test in Georgia can have immediate and long-term consequences, including:
1. Administrative License Suspension
If you refuse a breathalyzer test, your driver’s license will be automatically suspended by the Georgia Department of Driver Services (DDS) for one year. This administrative suspension happens independent of a DUI conviction, meaning you could lose your license even if you are not convicted in court.
- First refusal: One-year license suspension
- Second refusal (within five years): Three-year license suspension
- Third refusal: Five-year license suspension
You have 30 days to request an Administrative License Suspension (ALS) hearing to challenge the suspension. If you do not request a hearing, the suspension will take effect automatically.
2. No Limited Driving Permit
Unlike some first-time DUI convictions, refusing a breath test makes you ineligible for a limited driving permit. This means you will not be able to drive for work, school, or medical appointments during your suspension.
3. Use Of Refusal As Evidence In Court
Prosecutors can use your refusal as evidence of guilt in a DUI trial. A judge or jury may view your refusal as an attempt to hide impairment. This can make it harder to fight DUI charges in court.
Can Refusing A Breathalyzer Test Help You Avoid A DUI Conviction?
Some drivers believe that refusing a breath test will prevent prosecutors from proving a DUI case. However, Georgia law allows prosecutors to use other types of evidence to convict someone of DUI, including:
- Officer observations (slurred speech, bloodshot eyes, unsteady walking)
- Field sobriety tests (walking in a straight line, standing on one leg)
- Statements made to police officers
- Dashcam or bodycam footage
- Witness testimony
Even without a breathalyzer result, a driver can still be convicted of DUI Less Safe (O.C.G.A. § 40-6-391(a)(1)), which does not require proof of BAC but only that the driver was impaired.
Should You Refuse A Breathalyzer Test In Georgia?
Refusing a breathalyzer test in Georgia is not always the best strategy. While it may prevent an immediate BAC reading from being used against you, it can lead to automatic license suspension and be used as evidence of guilt in court. Every case is different, and speaking with an experienced DUI attorney is the best way to determine the best course of action.
Frequently Asked Questions About Refusing A Breathalyzer Test In Georgia
What Is Georgia’s Implied Consent Law?
Georgia’s implied consent law states that by driving in the state, you automatically agree to chemical testing if you are arrested for DUI. If you refuse a test, your license can be suspended for one year, and the refusal can be used against you in court.
Can I Refuse A Roadside Breathalyzer Test Without Penalties?
Yes. Portable breath tests (PBTs) given at the roadside before an arrest are voluntary in Georgia. These preliminary tests help officers establish probable cause but are not the same as the official breathalyzer given after arrest. You have the right to refuse a roadside breath test without immediate penalties.
Can I Still Be Charged With DUI If I Refuse A Breathalyzer Test?
Yes. Prosecutors can charge you with DUI Less Safe, which does not require a BAC reading. They can use officer observations, field sobriety test results, and other evidence to prove impairment.
How Long Do I Have To Request A Hearing To Challenge My License Suspension?
You have 30 days from the date of your arrest to request an Administrative License Suspension (ALS) hearing. If you do not request a hearing, your license suspension will go into effect automatically.
Will I Be Eligible For A Limited Driving Permit If I Refuse A Breathalyzer?
No. Georgia law prohibits drivers who refuse a breathalyzer test from obtaining a limited driving permit. If your license is suspended due to refusal, you will not be allowed to drive for any reason during the suspension period.
What Happens If I Refuse A Breathalyzer Test After A Previous DUI Conviction?
If you have a prior DUI conviction or previous test refusal within five years, refusing a breathalyzer test will result in a three-year license suspension. A third refusal within five years leads to a five-year suspension.
Can An Attorney Help Me Fight A Breathalyzer Refusal Charge?
Yes. An experienced DUI attorney can challenge the license suspension, question the legality of the arrest, and build a defense against DUI charges. In some cases, an attorney can negotiate a plea agreement to reduce charges.
Contact Our Marietta DUI Defense Lawyers For Representation In Georgia
If you or a loved one is facing a DUI charge or license suspension after refusing a breathalyzer test, The Mazloom Law Firm, LLC is here to help. We have extensive experience handling DUI cases in Marietta, Atlanta, and across Georgia.
Contact our Marietta DUI lawyer at 770-590-9837 today to receive your free consultation. Our firm serves clients in Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale counties. We are ready to fight for your rights and provide the defense you deserve.
