Drivers suspected of driving under the influence can be asked to take a breath test in Atlanta. The common concern for drivers is what if they refuse to comply with the officer’s request for breath, urine, or blood test.
When a driver is pulled over suspected of DUI, there is a feeling of anxiety, nervousness, and confusion. Before you refuse to take a DUI test, you should know the potential penalties and consequences.
What is Implied Consent Law?
Georgia has implied consent laws which means by driving in Georgia, you agree to take a chemical test to detect the presence of drugs or alcohol in your body.
The arresting officer decides the type of test to be done – breath, blood, or urine. The kind of tests selected by the officer must be performed by using designated machines and methods. If you are willing to face the consequences, you may choose to refuse the test.
If you have already refused the test and are facing DUI charges, choosing the right DUI lawyer in Atlanta can help provide the right assistance to prevent your conviction.
DUI Test Process in Georgia
- Field Sobriety Tests:
When an officer pulls a driver over for a suspected DUI, they may ask the driver to perform field sobriety tests. The FSTs are designed to assess the physical and cognitive abilities of the driver. These tests include walk-and-turn, one-leg stand, etc. You have the right to decline field sobriety tests, but your refusal may be used as evidence against you.
- Breathalyzer Test:
To measure your BAC, the law enforcement officer may request a breathalyzer test. While you can refuse a breath test, it’s crucial to understand the potential consequences of the refusal before making a decision.
- Blood or Urine Test:
The officer may also seek a urine or blood test in certain situations to determine your BAC. Refusing blood and urine tests can also result in a license suspension.
Consequences and Penalties of Refusing a Breath Test in Georgia
Here are the potential consequences of refusing a breath test in Georgia.
- Driving License Suspension:
The consequences include a driving license suspension for one year. Whether you are ultimately convicted of DUI or not, this suspension is mandatory. Also, you will not be eligible for a limited driving permit during the license suspension period. If you have refused a breath test within the last five years your driving license suspension will be for three years.
- Increased Insurance Rates:
If you refuse a breath test, your insurance rates are likely to increase. The insurance companies view this refusal as an admission of guilt, they may decide to raise your insurance rates or even cancel your policy altogether.
- Criminal Charges:
Refusing a breath test can also result in criminal charges which include potential jail time and heavy fines. Criminal charges can have long-lasting impacts on your employment or housing.
While refusing a breath test may seem like a way to avoid DUI charges, it can have serious consequences. As a driver you should be aware of the potential consequences of refusing a breath test. If you find yourself facing DUI charges consult a DUI lawyer in Atlanta.
Conclusion:
Hines Law Firm can assist individuals facing the consequences of refusing a breath test. Our experienced attorneys evaluate your case to understand the best legal options and provide the best representation.
Our team of personal injury lawyers, criminal defense lawyers, and workers’ compensation lawyers in Atlanta are committed to protecting the legal rights of clients and securing the best possible outcome.
