Georgia dui license suspension test refusal


Implied Consent Laws

The temporary permit given to you by the officer on the night of your arrest will be extended until the time of the hearing. At the hearing an Administrative Law Judge from the Georgia OSAH Office of State Administrative Hearings will decide the issues that are written on the back side of the yellow form provided to you by the officer at the time of your arrest. If the Officer fails to appear at this hearing, then this separate civil request to administratively suspend your license will be dismissed.

Also, at the hearing the Officer may be willing to negotiate a plea in the criminal matter in exchange for a withdrawal of this separate civil request to suspend your license. That gives us a distinct advantage and allows us to get a transcript that can be used later to win your criminal case.

Refusal of Breath and Blood Testing

Such situations call for immediate legal advice about how to protect your right to drive, from a top legal professional. Your defense attorney should be able to guide you through the creation and submission of the letter that applies to your case. It is recommended that you send this letter via certified mail and request a return receipt to ensure that it is received by DDS GA.

If your BAC is above the legal limit, 0. However, there are still consequences if you refuse to submit to a chemical test.

Georgia’s Implied Consent Laws: Refusing DUI Chemical Testing

Refusing a blood test in the State of Georgia will result in an automatic suspension of your driver's license for one full year. This does not even depend on if you are convicted of a DUI or not.

Seek Assistance from a Top-Tier DUI Lawyer in Cumming

This is a separate administrative action undertaken by the Department of Driver Services. After you are arrested for a DUI, you only have 30 days to challenge the administrative license suspension during an ALS hearing.

Refusing the breathalyzer in Georgia | Stephen G. Adkins, Attorney at Law

If you wait more than 30 days, the suspension is automatic. Make sure you contact an Atlanta DUI lawyer as soon as possible so that you can keep your license.


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There are more consequences associated with refusing to take a blood test. Even without the evidence of you BAC, the prosecutor could still try and use your refusal against you in court to try and get a conviction, or try and make you plead guilty, whether you were intoxicated or not.

The high court unanimously agreed the provision violated the Georgia Constitution's protection against self-incrimination..

A driver's refusal to submit to a breath test cannot be used as evidence in a criminal trial for driving under the influence, Georgia's Supreme Court ruled Monday, throwing out that part of the state's DUI laws as unconstitutional. The high court unanimously agreed the provision violated the Georgia Constitution's protection against self-incrimination. Justice Nels S.

About Automatic DUI-Related License Suspension in Georgia

Peterson, in the ruling , acknowledged the Supreme Court's decision could make it more difficult to prosecute DUI offenses. But Peterson added: "The right to be free from compelled self-incrimination does not wax or wane based on the severity of a defendant's alleged crimes. Andrea Elliott refused to submit to a breath test when she was arrested in August , and prosecutors sought to use that refusal against her in a criminal trial, according to the Supreme Court ruling.


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  • Refusing a Breath Test in Georgia;
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