Refusing to Take a BAC Test

You Have the Right to Refuse Chemical Tests

In Georgia, you have the right to refuse to take a breath, urine, or blood test during a DUI arrest. These chemical tests are often administered in order to obtain a measurement of a driver's blood alcohol content (BAC). If any one of these BAC tests result in a measurement exceeding the legal BAC limit, a police officer is allowed to arrest someone on suspicion of DUI.

However, these tests are not always accurate. Unfortunately, an improper procedure or faulty BAC measurement can still result in a DUI charge. Because of this, it is important to know your legal options and rights when you submit to a test or refuse to take it. Contact the Atlanta DUI lawyer at The Law Offices of Howard J. Weintraub, P.C. and find out how a BAC test may affect your DUI case.

Understanding Georgia Implied Consent Law

Georgia law requires individuals to submit to a chemical test if law enforcement officials have probable cause to suspect that a person is driving under the influence. This is known as the law of implied consent, and all drivers in the state are automatically bound to this law. Under implied consent, you still have the right to refuse to take a BAC test—however, refusing to take a test comes with its own consequences.

Refusing to take a BAC test under implied consent can result in the following:

  • 1st Offense: 1-year license suspension
  • 2nd Offense: 3-year license suspension
  • 3rd Offense: 5-year license suspension

Should I refuse to take a BAC test?

When you refuse to take a BAC test under implied consent, the arresting officer is legally permitted to take your license away and issue you a temporary driving permit. However, this does not mean your license will be suspended—if you file a hearing request with the Georgia Department of Driver Services (DDS), you may be able to appeal the license suspension and protect your driving privileges. Before you choose to go through an appeal hearing alone, speak with a skilled DUI attorney in Atlanta to help ensure your appeal is successful.

Learn more about how to appeal your driver's license suspension.

You May Still Face Criminal Charges

Even if you refuse a BAC test, and even if you successfully appeal a license suspension, this does not protect you from the criminal charge of DUI. The DUI charge and license suspension are two separate cases, and each one can have an effect on your rights and your driving privileges. Our Atlanta DUI lawyers have more than 40 years of combined experience handling DUI charges and criminal defense cases of all kinds. Do not hesitate to contact our firm and get informed about your legal options. Schedule a case evaluation with The Law Offices of Howard J. Weintraub, P.C. today and obtain the legal defense you may need to ensure your rights are protected!