Understanding Georgia's Implied Consent Law

Did you know you have already given your consent to having your blood alcohol content tested? When you signed your Georgia driver's license, you agreed to allow law enforcement to test your breath, blood, or urine if they had reason to believe that you were under the influence when driving your vehicle. The officer can choose which test to administer and must do so as close to when you were driving as possible. This is known as the implied consent law.

Should I refuse a BAC test?

One you have been pulled over, an officer must inform you that you are required to take a chemical test to determine whether you had been drinking before driving. If you refuse to take a test, you will automatically have your license suspended and this refusal can be used against you in any criminal or administrative trial for the arrest.

If you refuse to take the test:

• One year license suspension for a first refusal
• Three year licenses suspension for a second refusal
• Five year license suspension for a third approval

The officer will take your license right away and issue a 30-day driving permit. This permit gives you the opportunity to challenge the suspension with the Department of Motor Vehicles within 30 days. Georgia law also allows those that have refused tests to be eligible for license reinstatement after a set period of time if they complete an alcohol and drug risk-reduction program and pay a $210 fee.

Refusing to take a BAC test is not usually recommended. Many DUI defense attorneys employ a number of methods in order to defend their clients against charges. When you refuse to take the test, there is no guarantee that you will not be found guilty of driving under the influence, and the refusal may be enough to implicate the driver in the absence of evidence. Any DUI charges must be served in addition to the penalties for refusing a breath test in this instance.

Wondering how refusal to take a test applies in your arrest? Our firm offers free consultations to begin building your defense against DUI charges. Call today or fill out our online form to get started.