Georgia Breathalyzer Refusal

Did you know that, when you first accepted your Georgia driver’s license, you agreed to abide by the state’s Implied Consent Law? If you answered no, you’re not alone. Nevertheless, as a licensed driver, you gave your word that, if an officer of the law should ever suspect you of driving under the influence, you would allow him or her to perform a breath test to determine your blood alcohol content (BAC). As a result, this means you can be charged with DUI for a Georgia breathalyzer refusal.

Federal law prohibits drivers from operating a vehicle with a BAC of 0.08% or higher. If you are found to be in violation of this law, you can expect to be arrested and charged with driving under the influence. Before you can be arrested, however, the officer must have probable cause to suspect you are indeed under the influence of alcohol. Therefore, officers often administer field sobriety tests to drivers they believe are impaired.

Field sobriety tests consist of exercises such as balancing on one foot and/or walking an imaginary straight line. As you perform these tacks, the officer will monitor your behavior to look for any of the classic signs of intoxication—such as lack of coordination and/or balance, swaying, and inability to follow directions, for example. Depending on your performance, the officer may then ask you to perform a chemical test to determine your BAC. In most cases, a breathalyzer will be administered; however, in certain situations, a blood and/or urine analysis may be performed instead.

Although you are legally required to submit a breath sample so the officer can determine your blood alcohol content (BAC), be aware that this law applies only to the official breathalyzer test, which must be administered at the police station. Prior to the official test, an onsite test may be used to determine whether you should be brought into the station for an official breathalyzer.

If you are transported to the police station for an official breath test, you are legally required to perform the test. As a result, if you refuse, you can expect to be charged with DUI—which means you will face the same penalties as someone who failed the breathalyzer, including fines, community service, a mandatory license suspension, and jail sentence.

Fortunately, attorney Greg Willis is here to help. As an exclusive DUI defense lawyer, Mr. Willis knows everything there is to know about Georgia breathalyzers, and he can put this knowledge to good use for your defense. In fact, Mr. Willis and his team of DUI experts have helped thousands of clients avoid some of the most damaging consequences of a Georgia breathalyzer refusal.

To put one of the state’s most successful DUI attorneys to work for you, contact the Law Offices of Greg Willis for a free, no-obligation consultation on your case. Should you allow Mr. Willis to represent your case, he will prepare a free license appeal letter for your case and represent you at your administrative hearing with the Department of Driver Services—an entirely separate proceeding that determines whether your driver’s license will be suspended—for just one affordable flat fee. Call now to learn more.

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