Georgia DUI laws, implied consent law Georgia, and DUI refusal penalties
If you’ve been pulled over on suspicion of DUI in Georgia, you might wonder: Should I take the DUI test? The decision to submit to a breathalyzer, blood, or field sobriety test can significantly impact your case. Understanding Georgia’s implied consent law, potential penalties, and legal defense options is crucial to protecting your rights.
Understanding Georgia’s Implied Consent Law
In Georgia, when you obtain a driver’s license, you automatically agree to implied consent laws. This means that if an officer suspects you of driving under the influence (DUI), you are required to submit to a chemical test (breath, blood, or urine) to determine your blood alcohol concentration (BAC).
Refusing the DUI Test: What Happens Next?
While you have the right to refuse a DUI test, Georgia law imposes strict penalties for refusal, including:
- Driver’s License Suspension – Refusing a breath, blood, or urine test leads to an automatic one-year suspension of your driver’s license under Georgia’s Administrative License Suspension (ALS) rules.
- Use of Refusal in Court – Prosecutors can use your refusal as evidence of guilt in a DUI trial.
- Limited Defense Options – Without a BAC result, your attorney may have fewer defense strategies available.
Should You Take the DUI Test in Georgia?
Reasons to Take the Test
✅ Avoid Immediate License Suspension – Refusing the test leads to an automatic one-year suspension, which can be difficult to challenge.
✅ Potential for a Lower BAC Reading – If your BAC is borderline, a test result under 0.08% may help your case.
✅ Better Defense Strategies – With test results, an attorney can challenge the accuracy of the breathalyzer or the legality of the stop.
Reasons to Refuse the Test
❌ Avoid Self-Incrimination – If you believe your BAC is significantly over the legal limit, refusal prevents the state from obtaining concrete evidence.
❌ Potential Test Inaccuracies – Breathalyzer machines can be flawed, and improper calibration may lead to false positives.
❌ Possibility of a Weaker Case for the Prosecution – Without a test result, the state must rely on other evidence, such as officer testimony, which can be challenged.
What Should You Do If You Are Pulled Over for DUI?
If stopped for suspected DUI, follow these steps to protect your rights:
- Remain Calm and Polite – Avoid arguments with the officer.
- Do Not Admit to Drinking – You are not required to answer questions about alcohol consumption.
- Know Your Rights – You may refuse field sobriety tests (like the walk-and-turn or one-leg stand), which are voluntary in Georgia.
- Decide on the Chemical Test Wisely – Understand the consequences of taking or refusing the test.
- Request a Lawyer Immediately – Contact a DUI defense attorney to guide you through the legal process.
How a DUI Lawyer Can Help
Whether you took or refused the DUI test, an experienced attorney can challenge the evidence, question the legality of the stop, and work to reduce or dismiss the charges.
At Castellanos Law Group, we have extensive experience defending clients facing DUI charges in Georgia. If you’ve been arrested, don’t wait—contact us today to protect your rights and explore your legal options.
📞 Call us now at (770) 841-4180
Roland R. Castellanos
Castellanos Law Group, LLC
166 Anderson Street | Suite 103
Marietta, GA 30060
Phone: (770) 841-4180
Fax: (770) 427-2855
Disclaimer: This article does not constitute legal advice but provides insights into the practical aspects of dealing with Georgia’s DUI laws. For legal advice, consult an attorney.
