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Refusing A DUI Breath or Blood Test in Georgia

by | Sep 11, 2015 | 0 comments

Imagine: You’re driving your car. You’re stopped by a cop who tells you that he suspects you’ve been drinking. He asks you to take a Breathalyzer in order to confirm his suspicions…

What happens if you refuse?

Well in Georgia, it could mean that you just gave up your Driver’s License.

Refusal Means Suspension

In Georgia, a refusal always results in a suspension of your driver’s license (and if you’re an out-of-state resident, your driving privileges in the state) for one year. This is because, Georgia (like most states) has adopted the “Implied Consent Law.”  In essence, this law stands for the proposition that in exchange for a driver’s license and the privilege of traveling on Georgia roadways, motorists in Georgia are deemed to have “consented” to state officials to submit to a chemical sobriety test. Any driver who refuses the test, thus loses their privileges. This is the case even if you’ve never had a criminal case or even a ticket before.

So, what happens if you’ve refused the test? You have 10 days to submit an appeal of your license suspension. This is known as the “10 Day Rule.”  You have 10 business days from your date of arrest to submit an appeal letter to the Georgia Department of Driver Services (DDS) demanding that the state give you a hearing, with the arresting officer present, before they suspend your license. Georgia DDS now also requires that you send a money order for $150.00 along with your request for an administrative license hearing.

Did you refuse a breathalyzer test in Georgia?

If you have refused a breathalyzer or blood test and received a refusal notice, it is imperative that you contact an attorney immediately to appeal your driver’s license suspension. Don’t face this alone. I’m able to help with your appeal and argue against a suspension of your license. Call me today — (770) 857- 6571.