If you refuse a DUI test in Georgia, the consequences are significant and immediate, largely due to the state’s “implied consent” law. Here’s a legal breakdown of what happens:
Georgia’s Implied Consent Law
By driving on Georgia roads, you automatically give your consent to chemical testing—such as breath, blood, or urine tests—if a law enforcement officer suspects you of driving under the influence (DUI). If you are lawfully arrested for DUI, the officer must inform you of your rights and the consequences of refusing the test.
Consequences of Refusing a DUI Test
Automatic License Suspension:
- Refusing a chemical test results in an automatic one-year suspension of your driver’s license, regardless of whether you are ultimately convicted of DUI.
- For the first 30 days, you are not eligible for a limited driving permit for any reason, including work or medical appointments.
- You may request an Administrative License Suspension (ALS) hearing within 30 days to challenge the suspension.
Use of Refusal as Evidence:
- Your refusal to submit to testing can be used as evidence against you in court.
- Prosecutors may argue that your refusal indicates an awareness of impairment.
Criminal Penalties:
- Refusing a test does not prevent you from being charged with DUI. Police can use other evidence, such as field sobriety tests and officer observations, to build a case against you.
- If convicted of DUI, you may face additional penalties, such as fines, jail time, community service, and mandatory DUI school, depending on whether it’s your first or repeat offense.
Limited Defense Options:
- Without a BAC result, your defense attorney may have fewer strategies available to challenge the charges.
Under 21:
- Drivers under 21 who refuse a test face a six-month license suspension with no limited permit available.
Can Police Force You to Take a Test?
Generally, police cannot force you to take a breathalyzer test without a warrant. However, in certain situations—such as a serious accident, injury, or fatality—police may obtain a warrant to conduct a blood test. Refusing a blood test after a warrant is issued can result in additional legal consequences, including contempt of court charges.
Summary Table
| Consequence | Details |
|---|---|
| License Suspension | 1 year (automatic for refusal); 6 months for under 21 |
| No Limited Permit (First 30d) | No driving for any reason |
| Use in Court | Refusal can be used as evidence |
| DUI Charges | Still possible based on other evidence |
| Criminal Penalties | Fines, jail, community service, DUI school (if convicted) |
| ALS Hearing | May challenge suspension within 30 days |
Refusing a DUI test in Georgia triggers an automatic license suspension and can be used as evidence against you in court. It does not guarantee you will avoid a DUI conviction, and you may still face criminal penalties. Always consider consulting a DUI attorney if you are facing these charges or have questions about your rights.
Sources:
- https://www.fryelawgroup.com/dui-refusal/
- https://www.georgiacriminallawyer.com/refusals-in-georgia-dui-cases
- https://mazilaw.com/understanding-georgias-implied-consent-law-what-happens-if-you-refuse-a-breathalyzer/
- https://www.mailletcriminallaw.com/blog/georgia-dui-laws-and-penalties/