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
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!