Atlanta, Georgia Breath Test Refusal
Several consequences can occur as the result of a breath test refusal. One is that you may still be charged with DUI even though the officer does not know your blood alcohol content (BAC). In fact, your refusal to take this test can be used as evidence in guilt should your case go to trial.
Another consequence of refusing a breathalyzer is that your license will be suspended by the Department of Driver Services (DDS). The penalty for a first offense is a one-year license suspension. This is increased for additional offenses, with the suspension for a second refusal being three years and five years for a third refusal. This suspension occurs even before you are convicted in criminal court.
If you refuse to take the breathalyzer, the officer is required to read the Implied Consent Notice, which explains the penalties for a breath test refusal. However, if the officer failed to notify you of this, your DUI lawyer may move to suppress your refusal because you didn’t understand the consequences of your actions.
Deciding whether or not to take the breathalyzer is difficult. On one hand, you may test over the legal limit if you take it. On the other, you face serious penalties for refusing to take it. Before you submit to the breathalyzer test, you should speak with an experienced DUI defense lawyer for advice.
Attorney Lee Webb has helped clients who refused to take the Atlanta breath test not only fight their criminal case but their administrative license suspension as well. If you have been arrested after an Atlanta, Georgia breath test refusal, please contact Mr. Webb today for a free, no-obligation DUI case evaluation.