Consequences of Refusing a Breath Test: What You Need to Know

Like other states, Georgia has an implied consent law. Anyone who drives on Georgia’s roads has given consent to take a breath test when requested by law enforcement. Should you refuse to take the test, then Georgia can suspend your driver’s license.

The implied consent applies to other chemical tests, such as a urine or blood test. These other tests can pick up drugs in your system, including cocaine and marijuana. However, the DUI breathalyzer is the most common roadside test because of its convenience. If an officer suspects you were drunk driving, they will often request that you take a breath test.

Speak with a DUI accident attorney in Carrollton at Moffitt Law, LLC if you were arrested for driving while drunk. We can meet for a consultation to discuss your case and how we can fight to keep your license.

Refusing a Breathalyzer Carries Consequences

Anyone who refuses a DUI breathalyzer will face an immediate suspension of their license for one year. During this period, you will not be eligible for a limited driving permit to get to school or work.

You simply will not be able to legally drive until the year is up.

Furthermore, this suspension goes into effect regardless of whether you win your DUI case or not. It is an administrative suspension that you get simply for violating the implied consent law.

If this is your second refusal in a five-year period, then your license is suspended for three years.

You are also facing a three-year suspension if you have a DUI conviction in the past 10 years and this is your first refusal.

There are additional consequences. For example, your insurance rates will probably increase.

Insurers see drunk drivers as much riskier to insure because they are more likely to get into an accident. As a result, you will end up having to pay more for several years. Many people lose thousands of dollars in increased insurance premiums.

What if You Are an Out-of-State Resident?

Georgia does not have the power to suspend a license from another state. You might live in Florida and have been pulled over while passing through Georgia. Although law enforcement can ask you to take a dui breathalyzer, the state can’t suspend your license for refusing to blow.

However, they will certainly notify your home state about the refusal, and you will likely suffer an administrative suspension in your home state. States across the country coordinate, so there are often consequences.

An Officer Must Read an Implied Consent Notice

The arresting officer is required to give an implied consent notice to you. This notice will tell you what happens for refusing a breathalyzer or refusing some other chemical test, including the penalties you face for refusal. You also have a right to request an independent test.

If the officer forgets to give this notice, then any results from these tests are inadmissible in court.

The state is also prohibited from suspending your license for refusing a breathalyzer.

Talk to your attorney about whether the arresting officer gave you this notice. You might be able to contest the administrative suspension and keep incriminating evidence out of court.

You Can Challenge the Administrative Suspension

If you don’t agree to blow, then you should expect law enforcement to seize your license. Nonetheless, you do have a right to request an administrative hearing during which you can argue you should keep your license.

Our DUI lawyer can represent you. We might challenge the constitutionality of the stop. An officer might not have had any reason to pull you over, in which case the stop was illegal, and you should not have your license suspended.

We can also challenge whether the officer gave the required implied consent notice. If not, you should keep your license.

There are strict deadlines for requesting a hearing—you get 30 days from the day of your license suspension. Hire an experienced criminal defense lawyer at Moffitt Law to represent you at the hearing. This is not a chance to complain about how you will suffer hardship without a license. The state doesn’t care. Instead, only certain arguments are successful in the administrative hearing.

Why Do People Refuse a Breathalyzer?

Reasons vary. Some people know they are intoxicated and refuse because they don’t want to hand the police incriminating evidence.

They think they’ll strengthen their defense by refusing a breathalyzer.

Blowing a high number is bad. In Georgia, you can be convicted of DUI if your alcohol concentration is 0.08 or higher. You can expect the number you blew to be the centerpiece of any criminal trial against you.

Some people reason that if the state doesn’t have a BAC, then the state can’t convict them. That’s not usually the case. Instead, the state usually has ample evidence to obtain a conviction.

Remember, the state doesn’t need to submit a BAC to convict a driver. Georgia prohibits driving while under the influence of alcohol or drugs to the extent that it is “less safe” for you to be driving. (O.C.G.A. § 40-6-391.) That’s all the state needs to prove—you were impaired by drugs or alcohol and less able to drive safely.

The state can use other evidence in your criminal case—such as dashcam video showing your vehicle swerving all over the road or the officer’s testimony. We have seen many people convicted of DUI after refusing a breathalyzer.

Stopped for a DUI? Call Moffitt Law, LLC Today!

Our firm knows that most DUI defendants make a simple mistake that they won’t commit again. You still need a lawyer to help you. Never assume the state will take things easy on you because you have a clean criminal record. They might even pursue time in jail if this is your first DUI.

Contact our firm today for a consultation and learn how we can help.