Refusing a breathalyzer test in Georgia can carry serious consequences, especially under the state's implied consent law. At the Law Offices of Thomas J. Thomas, we help individuals in the Atlanta area understand their rights and legal options when facing DUI-related charges.

Georgia’s Implied Consent Law

When you drive on Georgia roads, you automatically agree to chemical testing (such as breath, blood, or urine tests) if a law enforcement officer suspects you of DUI. This is called implied consent. Refusing to take a breathalyzer doesn’t mean you're off the hook—it often leads to immediate penalties.

Immediate License Suspension

Refusing a breathalyzer results in an administrative license suspension of one year. This suspension is automatic unless you request a hearing with the Georgia Department of Driver Services (DDS) within 30 days of your arrest. If you fail to request a hearing in time, your license will be suspended regardless of the outcome of your DUI case.

Criminal Case Impact

Your refusal can be used against you in court. Prosecutors may argue that you refused testing because you knew you were intoxicated. Even without breathalyzer results, police testimony, dashcam footage, and field sobriety test results may be enough for a conviction.

Limited Driving Permits

In some cases, you may be eligible for a limited driving permit, but this is not guaranteed. First-time offenders may have more flexibility, but repeat offenders usually face stricter consequences.

Your Legal Options

Every DUI case is different. Whether it’s negotiating for reduced charges, challenging the legality of the stop, or fighting to preserve your driving privileges, having an experienced defense attorney can make a significant difference.

At the Law Offices of Thomas J. Thomas, we understand how stressful and confusing DUI charges can be. We serve Atlanta residents with dedicated defense strategies tailored to the facts of your case.