Can I Refuse a Breathalyzer Test in Georgia?

No one wants to be pulled over by the police. Whether it’s for speeding or suspicion of driving under the influence (“DUI”), being stopped by the police can be an intimidating experience. But what happens if the police officer who pulls you over asks you to take a breathalyzer test? Do you have to do it? People often feel compelled to do whatever a police officer asks them to do, fearing that refusal may land them behind bars.

In order to clear up the confusion about the right to refuse a breathalyzer test in Georgia, we’ve compiled some helpful information below. And if you are currently facing DUI charges in Georgia, we suggest that you immediately contact one of our Georgia DUI attorneys for assistance.

You may refuse a breathalyzer test in Georgia

First, you may refuse a breathalyzer test in Georgia. In fact, the only way the police in Georgia can force you to take a breathalyzer test is with a valid warrant.

Can my refusal to take a breathalyzer test be held against me in court?

In many states, a person’s refusal to take a breathalyzer test can be introduced in court. Prosecutors in these states use this refusal to imply that a defendant’s blood alcohol content was above the legal limit. In Georgia, though, your refusal to take a breathalyzer test may not be held against you. However, there are other consequences of refusing to consent to a test.

Consequences of refusing to take a breathalyzer test in Georgia

Even though your refusal to take a breathalyzer test in Georgia may not be held against you in court, you still may face other consequences, the primary one being the suspension of your license for one year. This suspension period will be extended for a second refusal that occurs within five years of your initial suspension. And although the refusal to take a breathalyzer test may help prevent a DUI charge in some cases, the loss of one’s license is by no means inconsequential.

Luckily, though, if your license is suspended for a breathalyzer refusal, you have 30 days to appeal the suspension. However, regardless of whether you need to appeal a suspension or fight a DUI charge, one thing is for sure: you need an experienced DUI attorney on your side.

Contact our Atlanta, Gwinnett County & Suwanee DUI Attorneys

The consequences of a DUI conviction in Georgia are serious. Therefore, the first thing you should do after a DUI arrest in Georgia is to hire an experienced Georgia DUI attorney. At Carter Pilgrim, located in Suwanee, we specialize in DUI law and have an impressive track record of DUI defense success. While we are well known for our courtroom success, we also have a track record of obtaining favorable plea bargains and dismissals with our strong negotiation tactics. If you’ve been arrested for DUI in Georgia, please contact us as soon as possible for a consultation.

0/5 (0 Reviews)

Our Service Area

We are located in Suwanee Georgia, but we defend clients throughout Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County.  Contact our Atlanta law firm as soon as possible to learn how we advocate for your best interests.

Carter Pilgrim
Attorneys at Law


3725 Lawrenceville-Suwanee Rd, Suite A-4
Suwanee, GA 30024

Phone: Call our office 770-945-2320

Follow Us