If you were pulled over in Georgia and refused to take a breathalyzer test, you might be wondering what comes next. Many drivers think refusing a breathalyzer will protect them from a DUI charge, but in Georgia, refusing the test triggers serious consequences under the state’s implied consent laws. At The Wright Legal Group, we help Georgia drivers navigate these challenging situations and protect their legal rights.

Understanding Georgia’s Implied Consent Law

When you drive on Georgia roads, you automatically agree to comply with the state’s implied consent law, which requires drivers suspected of

DUI to submit to chemical testing—breath, blood, or urine—if lawfully requested by an officer. Refusing a breathalyzer is considered a violation of this consent and comes with immediate penalties, even if you are never convicted of DUI.

Immediate License Suspension

The first consequence of refusing a breathalyzer is an administrative license suspension by the Georgia Department of Driver Services (DDS).

• First refusal: 12-month license suspension.
• Repeat refusals: Harsher penalties and potential classification as a habitual violator.

You have the right to request an Administrative License Suspension (ALS) hearing within 30 days to contest the suspension. Missing this deadline means losing your driving privileges automatically.

Criminal Case vs. Administrative Case

Refusing a breathalyzer impacts both your driving privileges and your criminal case:

• Administrative: Your license can be suspended even without a DUI conviction.
• Criminal: Prosecutors can still pursue a DUI charge based on officer observations, field sobriety tests, and other evidence.

Importantly, your refusal can be used as evidence of guilt in court.

Potential DUI Conviction

Even without a breath test, Georgia law allows the state to build a DUI case against you. Convictions can lead to:

• Fines and court costs
• Jail time or probation
• Mandatory DUI classes
• Ignition interlock requirements

How The Wright Legal Group Can Help

Facing a DUI investigation after refusing a breathalyzer can be overwhelming. Our experienced team can:

• Represent you at your ALS hearing to fight for your license
• Challenge the legality of the traffic stop or arrest
• Analyze the state’s evidence and negotiate for reduced charges or dismissal

The sooner you contact an attorney, the stronger your defense options will be.