Roswell, GA- When you are pulled over by a police officer because they suspect you are drunk, you are likely to be asked to submit to a breathalyzer test. And if you are like most people, you want to know: Should agree to a breathalyzer? Because the circumstances surrounding each person’s case is different, it’s hard to give you a “Yes” or “No” answer to that question, so our DUI lawyers in Roswell, Georgia will explain the consequences of refusing a breathalyzer.
Georgia, like the majority of states, has an implied consent law. The law dictates that all motorists must agree to sobriety tests, including breathalyzers or blood tests whenever asked to do so by a law enforcement officer. You agree to these tests when you obtain your driver’s license and refusing to comply carries a set of consequences.
If an officer in Georgia asks you to take a sobriety test and you refuse, they can seize your driver’s license immediately and you could lose for at least a year. Once you refuse, the officer will take your driver’s license and give you a 30-day driver’s permit. You must request a hearing within 30 days of being cited to challenge your refusal charges. If you don’t request a hearing or you don’t win your case, then your license will be suspended for one year. You will also be required to attend a risk reduction program and will have to pay fees to have your license reinstated.
There is this belief that refusing a breathalyzer or chemical test allows you to avoid a DUI conviction, but that isn’t always the case. It is possible for you to be convicted of a DUI based on an officer’s observations alone and face all the troublesome consequences associated with your conviction. Your refusal could also reflect badly on you and result in the maximum penalties. So, refusing a breathalyzer isn’t a sure way out of trouble.
One scenario where refusing might be to your benefit is if your blood alcohol concentration is very high. A BAC twice Georgia’s legal limit of .0.016 or above can result in aggravated DUI charges and tougher penalties. In this scenario, you may be better off refusing the test and taking a refusal charge.
Unfortunately, deciding whether to refuse is a decision that you must make in the moment. In some cases it can work to your benefit, sometimes it won’t. Regardless of whether you are facing a refusal charge or a DUI, you need to retain a Georgia DUI defense attorney to help with your defense.
If you live in Roswell and you are facing a refusal charge or a DUI, USAttorneys recommends you contact the Don Turner Legal Team. They have been helping people with their DUI charges for over 35 years and strive to get you the best outcome for your case. Contact their offices at 770-594-1777 and set up an initial consultation.