At The Lopes Law Firm, we understand how stressful a DUI stop can be. If you are pulled over under suspicion of driving under the influence in Georgia, you may wonder if you can refuse a breathalyzer test. While you have the right to refuse, doing so comes with serious legal consequences.



Georgia’s Implied Consent Law

Georgia enforces an implied consent law, which means that by driving on Georgia roads, you have already agreed to submit to chemical testing, including breathalyzer tests, if lawfully requested by law enforcement. If you refuse a breathalyzer test after being arrested for DUI, you will face automatic penalties.

Consequences of Refusing a Breathalyzer Test

Refusing a breathalyzer test in Georgia can lead to:

• Automatic License Suspension: A first refusal results in a one-year license suspension, with no eligibility for a limited driving permit.
• Use of Refusal as Evidence: Your refusal can be used against you in court as evidence of impairment.
• Harsher Penalties for a DUI Conviction: If convicted, penalties such as fines, jail time, and probation may be more severe.

Should You Refuse a Breathalyzer Test?

Refusing a breathalyzer does not guarantee avoiding a DUI charge. In fact, it may strengthen the prosecution's case against you. However, each situation is unique, and your best course of action depends on the circumstances of your stop.

How The Lopes Law Firm Can Help

If you or a loved one has been charged with DUI in Atlanta, The Lopes Law Firm can provide experienced legal representation. We will evaluate the details of your case, challenge any unlawful procedures, and fight to protect your rights.

Contact us today for a consultation and let us help you navigate your DUI defense.