Breathalyzer Refusal Protecting Your Individual Rights

Penalties of Breathalyzer Refusal in Georgia

Georgia Implied Consent Law & Your Atlanta DUI Charge

Whiskey and Keys - DUI refusal GA

According to state law, if you have a driver's license, you have agreed to take a breath test if an officer thinks that might be intoxicated behind the wheel. This is because when you sign off on a license, you have signed off on Georgia's Implied Consent law. If you refuse a Breathalyzer test, then the Department of Driver Services (DDS) can automatically suspend your license before you ever get to plead your case in court!

At Willis Law Firm, you can find an extensive record of success and client satisfaction. Our Atlanta DUI attorney brings 20 years of defense experience to the table, and have merited numerous awards for their dedication and giftedness. When you need to know your options and defenses, you can find the legal support you deserve at this firm 24/7.

Refused to take a breathalyzer test? Understand your rights. Don't hesitate to contact us today!

Understanding Your Rights

If you are asked to take a roadside breath test, you can refuse to do so with no consequences. What is mandated by law is that you submit to an evidentiary breathalyzer test at the police station. If you have been arrested for DUI and refuse this breathalyzer test, the consequence is license suspension.

The following are common questions we receive about what rights our clients have:

  • Can you be convicted of DUI without breath test results?
    Yes. One of the most important pieces of evidence in your case is the police report, where the officer would describe you driving behavior and your appearance, noting signs such as bloodshot and glassy eyes, statements you made, an open alcohol container, etc. With this evidence alone, prosecutors have been successful. And as for your DUI refusal in GA, a prosecutor can use this against you, stating this is proof that you knew you were drunk.
  • What are your options after DUI refusal in GA?
    You have to act immediately! There is a 10-day deadline by which time you have to request a DDS hearing, or you will lose you license 31 days after your arrest.

Put the Right Atlanta DUI Attorney on Your Side!

If you find the right Atlanta DUI attorney, you can be sure to meet the deadline and have skillful defense for the DDS hearing. For the criminal trial, a lawyer can craft the case and deliver the impassioned argument that could get you reduced or dismissed charges. In either setting, an attorney could establish that you were not cautioned about what would happen if you refused the breath test. Perhaps the arrest was invalid, or your constitutional rights were violated. An experienced attorney could find these and other defenses.

When your driving privileges, freedom, and future are on the line, you want only the best DUI defense possible. Set up your free consultation with a proven defender today!

93% DUI Case Success Rate

Experience & Determination Matter
  • 1) DUI less-safe, 2) Reckless Driving, 3) Failure to Maintain Lane, 4) Failure to Obey Authorized Person Directing Traffic Charges Reduced to Reckless Driving
  • 1) DUI per se, 2) DUI less-safe, 3) Failure to Maintain Lane, 4) Reckless Driving Client Acquitted of DUI
  • 1) DUI, 2) Speeding, 3) Failure to Maintain Lane DUI was reduced to reckless driving
  • 1) Failure to maintain lane 2) Failure to obey traffic-control device, 3) DUI DUI and failure to maintain lane dismissed
  • 1) Failure to Maintain Lane, 2) Driver’s License not on person, 3) Reckless Driving, 4) DUI less-safe All Charges Dismissed
  • 1) Impeding the flow of traffic, 2) DUI less-safe All Charges Dismissed
  • Anonymous Tip About an Impaired Driver All Charges Dismissed
  • Attorney Faces DUI with BAC Twice the Legal Limit Case dismissed
  • Blood Test Shows Presence of Cannabinoids and THC Metabolites Not guilty of DUI-Drugs
  • Charges Dismissed Despite a Blood Test Charges Dismissed


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    - Anonymous
  • “Don't play around with your freedom and driving privileges.”

    - Hayden
  • “Best Lawyer I have Ever Met!”

    - Robert

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