Know Your Rights

Can You Refuse to Take a Breathalyzer Test in Georgia?

All states, including Georgia have implied consent laws. When you received your Georgia driver’s license you automatically agreed to submit to a breathalyzer or other chemical test if stopped by a police officer who suspects you of driving under the influence. The police officer has the discretion to choose which type of chemical test (breathalyzer, blood, or urine) to use.

Refusing to Take a Chemical Sobriety Test Seen as an Admission of Guilt

While many drivers think they have the right to refuse to take a chemical sobriety test, refusing to do so even if you are completely sober can be seen as an admission of guilt. Refusing to take a chemical test when stopped by a police officer who suspects you of driving impaired can result in having your license suspended and DUI charges. Georgia penalties & fines for DUI vary depending on if this is a first offense or you have had prior DUI convictions.

The police officer can use other evidence in his case against you such as having observed erratic driving behavior, slurred speech, and the smell of alcohol. The officer may also use evidence from a field sobriety test where he may ask you to stand on one leg, or walk a straight line and turn to determine if there is probable cause that you have been driving under the influence. Field sobriety tests are optional in Georgia, but many people are unaware of this and the officer is unlikely to give you this information freely.

Defense Attorneys Work for the Benefit of The Accused

If you have been arrested for drunk driving after refusing to take a breathalyzer or other chemical test, you need to consult with a DUI attorney to make sure your rights are protected. Your attorney can evaluate your case and work to get you the best possible outcome.

You only have 10 days to appeal a license suspension after refusing a chemical test or your license can be automatically suspended for a year. Because many people rely upon driving for their employment, your attorney can fight to help you keep your driver’s license.

It can be very upsetting and frightening to think of losing your driver’s license as well as facing fines and imprisonment after being charged with a DUI. Your best friend in these circumstances is your criminal defense attorney who is there to work on your behalf. Field sobriety tests are subjective and subject to being challenged by your DUI attorney. He can give you the information you need about all the implications that a DUI can have on your record and things you can do to limit the damage.

Contact Attorney Joel Baskin

Attorney Joel Baskin has represented criminal defendants in Atlanta with offices in Cobb & Fulton counties for over 17 years. He has the experience and knowledge needed to get the best resolution for your DUI case.

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404 765 0031


770 432 2001

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