If you are pulled over for suspected DUI in Georgia, you may wonder whether you have the right to refuse a breathalyzer test. While you can legally refuse, doing so comes with serious consequences under Georgia’s implied consent law. At the Law Offices Of Thomas J. Thomas, we provide legal assistance to the Atlanta public, helping individuals understand their rights and navigate DUI charges effectively.

Georgia’s Implied Consent Law

When you obtain a driver’s license in Georgia, you automatically agree to submit to chemical tests—such as a breathalyzer—if law enforcement suspects you of DUI. This is known as implied consent. If an officer has probable cause, they must inform you of the consequences of refusing a test before administering it.

Consequences of Refusing a Breathalyzer

Refusing a breathalyzer test in Georgia leads to immediate and severe penalties, including:

• Automatic License Suspension – A first-time refusal results in a one-year suspension of your driving privileges. Repeat refusals lead to longer suspensions.
• Use as Evidence in Court – Prosecutors may argue that your refusal indicates guilt, which can be used against you in a DUI case.
• No Limited Driving Permit – Unlike a standard DUI conviction, individuals who refuse the test are generally ineligible for a limited driving permit, meaning no legal driving privileges during the suspension period.

Can You Challenge a Refusal?

Yes, it is possible to fight a refusal charge in court. Some common defenses include:

• The officer failed to read the implied consent notice properly.
• There was no probable cause for the DUI stop.
• The test request was unlawful or coerced.

Having an experienced attorney can make a significant difference in protecting your rights and possibly mitigating penalties.

What to Do After a Refusal

If you have refused a breathalyzer, time is critical. You have only 30 days to file an appeal with the Georgia Department of Driver Services (DDS) to contest your license suspension. Seeking immediate legal counsel can help you explore your options and build a strong defense.

At the Law Offices Of Thomas J. Thomas, we assist clients in Atlanta who are facing DUI charges, including those related to breathalyzer refusals. Contact us today to discuss your case and protect your driving privileges.