In Georgia, refusing a breathalyzer test during a DUI stop can have serious consequences, including the immediate suspension of your driver’s license. This is due to Georgia’s implied consent law, which requires drivers to submit to state-administered chemical tests if suspected of driving under the influence. Understanding the implications of refusing a breath test and knowing your options for challenging a license suspension are crucial for protecting your driving privileges. This blog will explore the consequences of refusing a breathalyzer test in Georgia and provide guidance on how to navigate these situations.
Georgia’s Implied Consent Law
Georgia is an implied consent state, meaning that by obtaining a driver’s license, you implicitly agree to submit to chemical tests (such as breath, blood, or urine tests) if a law enforcement officer has reasonable grounds to suspect you of DUI. Refusing to take these tests results in automatic administrative penalties, separate from any criminal charges related to the DUI itself.
Consequences of Refusal
Refusing a breathalyzer test in Georgia leads to an immediate suspension of your driver’s license for at least one year. This suspension is administrative and occurs regardless of whether you are ultimately convicted of DUI123. Unlike cases where you submit to testing and fail, refusing a breath test makes you ineligible for a limited driving permit during the suspension period24.
Administrative License Suspension (ALS) Process
When you refuse a breath test, the officer must inform you that your license will be suspended. You have 30 days to request an Administrative License Suspension (ALS) hearing with the Georgia Department of Driver Services (DDS). Failing to file this request results in an automatic one-year license suspension without the possibility of a limited permit136.
ALS Hearing
At the ALS hearing, your attorney can challenge the suspension by arguing that:
- The officer did not have reasonable grounds for the DUI stop.
- The officer did not properly advise you of your rights and the consequences of refusal.
- Other procedural errors occurred during the arrest process.
If successful, you may avoid the license suspension or reduce its duration3.
Penalties for Repeat Refusals
If you have previously refused a breath test within the past five years, a second refusal results in a three-year license suspension. Similarly, if you have a DUI conviction within the past ten years and refuse a breath test, your license will be suspended for three years24.
Impact on Insurance and Employment
Refusing a breath test can also have broader consequences:
- Insurance Rates: Your insurance premiums may increase significantly due to the perceived higher risk associated with refusing a test24.
- Employment and Housing: A DUI arrest or conviction, even without a conviction, can impact your ability to secure or maintain employment or housing due to the stigma associated with DUI-related incidents2.
Criminal Charges and Trial Implications
While refusing a breath test cannot be used as direct evidence of guilt in criminal court (since the Georgia Supreme Court ruled that refusal cannot be used as evidence in 2019), the prosecution may still use it to suggest that you had something to hide68.Additionally, you can still be arrested and charged with DUI based on other evidence, such as field sobriety tests or witness statements28.
What to Do If You Refuse a Breath Test
If you find yourself in a situation where you refuse a breath test:
- Request an ALS Hearing: File for an ALS hearing within 30 days to challenge the license suspension.
- Consult an Attorney: Hire an experienced DUI attorney to help navigate the process and potentially avoid or reduce the suspension.
- Document Everything: Keep detailed records of the arrest and any interactions with law enforcement.
Conclusion
Refusing a breathalyzer test in Georgia can lead to significant consequences, including a one-year license suspension and potential impacts on insurance rates and employment opportunities. While the decision to refuse a test should be made with caution, understanding your rights and the ALS process can help mitigate these consequences. If you are facing a DUI stop and considering refusing a breath test, consulting with a DUI attorney can provide valuable guidance and help protect your driving privileges.
Disclaimer
The information provided on this blog is for general informational purposes only and is not intended to serve as legal advice. While I am a paralegal, I am not a licensed attorney, and the content shared here should not be construed as such.
No attorney-client relationship is formed through the use of this blog or by any communication with me. For specific legal advice tailored to your situation, please consult with a qualified attorney who is licensed to practice law in your jurisdiction.
I strive to ensure that the information presented is accurate and up-to-date; however, I make no representations or warranties regarding the completeness, accuracy, reliability, suitability, or availability of any information contained on this blog. Any reliance you place on such information is strictly at your own risk.
Thank you for visiting my blog, and please feel free to reach out with any questions or comments!