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What if Someone Refuses a Breathalyzer?

Defendants have the right to refuse to provide a chemical sample of their breath, and about 20% of defendants exercise this right. However, since Georgia is an implied consent state (drivers agree to provide chemical samples when they sign their licenses), consequences apply.

As experienced criminal defense attorneys, we want you to know about the risks of refusal before you say yes or no to a DUI chemical test. The state could suspend the defendant’s license for one year, based on the refusal alone. Furthermore, a refusal to submit to a blood test is admissible in criminal court.

On top of the consequences for a breath test refusal, the consequences of a DUI conviction are equally, if not more, severe. Our criminal defense lawyers use proven methods to resolve DUIs and avoid these harsh consequences successfully. Possible favorable resolutions include a not guilty verdict at trial, a plea to a lesser included offense, or a complete dismissal of charges.

Should I Refuse a Breath Test?

We get asked this question all of the time. Experts, including Norcross criminal defense lawyers, are divided on the answer.

However, we suggest that people refuse to provide chemical samples. The conviction rate in test cases is about 80% in Breathalyzer cases and close to 100% in blood test cases. The conviction rate in non-test cases is about 60% since the state must rely on circumstantial evidence.

Simply put, the state is more than capable of convicting anyone for DUI. Prosecutors have immense resources. They do not need your help.

However, if you want to get out of a hole, you must first stop digging, according to an old saying. Refusing a test often means driver’s license suspension, as mentioned above. Furthermore, test refusal makes an unpleasant arrest even more distasteful. So, if you give in to the pressure and blow into a Breathalyzer, we understand. And it is not the end of the world. These cases are still defensible.

Should You Refuse a Breath Test in Georgia?

We’re asked this question often, and even criminal defense attorneys in Norcross don’t all agree on the answer. That said, we generally recommend refusing to provide a chemical sample. The reality is that Georgia DUI conviction rates are high—around 80% in breathalyzer cases and nearly 100% in blood test cases. In contrast, the conviction rate in cases without chemical evidence drops to about 60%, since prosecutors must rely solely on circumstantial evidence.

In short, prosecutors already have the resources to pursue a conviction. You don’t have to make their job easier by giving them chemical test results. That said, refusing a breath test comes with its consequences—primarily a potential one-year driver’s license suspension. The decision can also make an already stressful arrest more unpleasant. If you do choose to take the test, it’s not the end of the world—these cases can still be fought.

Avoiding the Consequences of a DUI Test Refusal

A one-year license suspension is not automatic unless you take no action. You have only 30 days from the date of your Georgia DUI arrest to request a hearing to protect your driving privileges.

If you’ve been charged with a DUI, you were likely served with a DDS-1205 form, the official notice of administrative license suspension. This applies whether you refused the state’s test or your results were above the legal limit. The form—yellow or white—may have been signed by you at the time of arrest. It’s not uncommon for this paperwork to get misplaced, so don’t assume that not having it means you’re in the clear.

Even if you never received the form, the 30-day deadline still applies. Your options include requesting a hearing through the Georgia Department of Driver Services or waiving that hearing by choosing an ignition interlock device permit. Acting quickly can mean the difference between keeping and losing your license.

Reach Out to a Dedicated Gwinnett County Attorney

Breath tests greatly affect DUI cases. For a confidential consultation with an experienced criminal defense attorney in Norcross, contact Zimmerman & Associates, Attorneys at Law. The sooner you reach out to us, the sooner we start working for you.