Atlanta, Georgia Breathalyzer Refusal

If you are like many Georgia residents, you may be unaware that when you signed the paperwork for your driver’s license, you automatically agreed to the terms of the state’s Implied Consent law. This law states that if you are pulled over on suspicion of driving under the influence (DUI), you will comply with the officer’s request to submit to a breathalyzer test. An Atlanta, Georgia breathalyzer refusal could result in serious penalties, including an automatic driver’s license suspension imposed by the Department of Driver Services (DDS)—even before being convicted of drunk driving!

Officers use two types of breathalyzer tests during the course of a DUI arrest: a portable roadside test and the evidentiary test. The portable roadside test is used during the traffic stop to determine if there is probable cause to make a drunk-driving arrest. You can refuse to take this test, because the results cannot be used in court. However, you are legally required to take the evidentiary test, which is often performed at the police station.

You may wonder how you can be charged with DUI if you didn’t take the breathalyzer test. During a traffic stop, the officer will look for signs of intoxication, which may include open containers of alcohol in your vehicle, the smell of alcohol, slurred speech, bloodshot eyes, and a flushed face. If he or she asks you to perform a series of field sobriety tests and you fail, this can also be used as evidence of DUI.

After an Atlanta breathalyzer refusal, you only have 10 business days to submit a license appeal letter to the DDS. Failure to submit a hearing request in time will result in an automatic license suspension on the 31st day after your arrest. An experienced Atlanta DUI lawyer will not only ensure your appeal is submitted before the deadline—he will also represent you during the hearing to fight your license suspension.

In some cases, the prosecution will use your breathalyzer refusal as an admission of guilt. However, your lawyer will investigate the circumstances of your arrest to determine if the officer read the Informed Consent warning, which explains the consequences you may face for refusing to take the test. If the officer failed to inform you of the Implied Consent law, this fact can be used in your favor.

Attorney Thomas J. Thomas is well-known throughout the Atlanta legal community for his high success rate in helping clients charged with a breathalyzer refusal violation. Offering affordable rates and payment plans, he can fight your serious charges in an effort to avoid a criminal conviction as well as a license suspension.

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