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If you are pulled over for suspected DUI in Georgia, you may wonder whether you have the right to refuse a breathalyzer test. While you can legally refuse, doing so comes with serious consequences under Georgia’s implied consent law. At the Law Offices Of Thomas J. Thomas, we provide legal assistance to the Atlanta public, helping individuals understand their rights and navigate DUI charges effectively.
When you obtain a driver’s license in Georgia, you automatically agree to submit to chemical tests—such as a breathalyzer—if law enforcement suspects you of DUI. This is known as implied consent. If an officer has probable cause, they must inform you of the consequences of refusing a test before administering it.
Refusing a breathalyzer test in Georgia leads to immediate and severe penalties, including:
Yes, it is possible to fight a refusal charge in court. Some common defenses include:
Having an experienced attorney can make a significant difference in protecting your rights and possibly mitigating penalties.
If you have refused a breathalyzer, time is critical. You have only 30 days to file an appeal with the Georgia Department of Driver Services (DDS) to contest your license suspension. Seeking immediate legal counsel can help you explore your options and build a strong defense.
At the Law Offices Of Thomas J. Thomas, we assist clients in Atlanta who are facing DUI charges, including those related to breathalyzer refusals. Contact us today to discuss your case and protect your driving privileges.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
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