Can I Refuse a Breathalyzer Test in Savannah, GA?

Georgia Implied Consent Law

According to Georgia Code §40-5-55, however, implied consent laws require anyone with a state driver's license to adhere to the requests of a law enforcement officer when they are suspected of drunk driving. This means that you cannot lawfully refuse a chemical test without facing certain legal ramifications.

Many people are unsure of what rights they possess when they have been pulled over by a law enforcement officer and are asked to submit to some form of sobriety testing—whether it be a field sobriety test, breathalyzer test, blood test or urine test. If they have consumed any amount of alcohol prior to getting behind the wheel, an individual may be hesitant to consent. Should you choose to do so, however, you could still be arrested and charged with a DUI offense.

Common Questions Regarding Chemical Test Refusal

As a Savannah DUI defense firm, we are asked the same questions about "implied consent" time and time again. For this reason, we thought that it was necessary to address some of the most important implications of this law—including the potential penalties that you could face if you refuse a chemical test and the rights that you possess during a police stop. If your questions have not been answered by the Q&A's listed below, however, we encourage you to contact Schneider Lerch, LLC directly.

Do Implied Consent Laws Apply to Everyone in the State of Georgia?

Once you have obtained a valid driver's license in Georgia, you have inadvertently agreed to abide by the state's implied consent laws. This means that you are required to submit to chemical testing if a law enforcement officer has probable cause to believe that you have been operating a vehicle while under the influence of alcohol and/or drugs. Although you are afforded the option to refuse, you cannot do so without facing subsequent legal penalties.

What Are the Penalties of Refusing a Chemical Test (Breath, Blood or Urine)?

In the state of Georgia, you will be subjected to mandatory penalties if you refuse to submit to a breath, blood or urine test at a law enforcement officer's request. Once you have refused, the officer will confiscate your license and issue a 30-day permit. If you do not request a hearing to challenge the pending suspension, your driving privileges will be revoked for one year. The length of suspension will be increased for every subsequent refusal (three years for a second refusal and five years for a third).

How Long Would I Have to Contest the Suspension of My Driver’s License?

When a law enforcement officer confiscates an individual's license, they are required to file a DDS Form 1205 with the Department of Driver Services. This will result in a "hard suspension" after the 30-day permit expires, unless the driver schedules an administrative hearing within 10 days of the revocation. In doing so, they would have the opportunity to contest the pending suspension and fight for the reinstatement of their driving privileges.