It’s a question people ask after the blue lights come on – and it’s worth knowing the answer before you’re ever in that situation. In Georgia, you can refuse a breathalyzer, but refusing comes with consequences of its own.
Here’s what you need to understand.
Georgia’s Implied Consent Law
When you got your Georgia driver’s license, you agreed to something called implied consent. Under Georgia law, operating a vehicle on public roads means you’ve already consented to a chemical test – breath, blood, or urine – if a law enforcement officer has probable cause to suspect you of DUI.
An officer is required to read you Georgia’s implied consent notice before requesting the test. That notice informs you of your right to refuse and the consequences of doing so.
What Happens If You Refuse?
Refusing a breathalyzer in Georgia triggers an automatic license suspension – one year for a first offense. This suspension is separate from any criminal DUI case and is handled through an administrative process with the Georgia Department of Driver Services.
You have only 30 days from the date of your arrest to request an administrative hearing to challenge the suspension. Miss that window and the suspension becomes automatic.
Does Refusal Help Your Criminal Case?
Sometimes people refuse thinking it will make it harder to prosecute them. It can, but it’s not a clean win. Georgia prosecutors can and often do use your refusal as evidence against you in court, arguing it suggests consciousness of guilt. A jury is allowed to hear that you refused.
Additionally, if an officer obtains a warrant, they can require a blood draw regardless of your refusal.
So Should You Refuse?
That depends on factors specific to your situation; how much you’ve had to drink, whether you have prior DUI convictions, and other circumstances an attorney can help you evaluate. What’s clear is that there’s no consequence-free choice once you’ve been pulled over on suspicion of DUI.
At Arnold & Stafford, Attorneys at Law, we handle DUI cases throughout Georgia and understand how refusal affects both the administrative and criminal sides of your case. If you’ve been charged with DUI – whether you took the test or refused it – contact us today for a confidential consultation.