When a police officer has reason to believe that a person is driving under the influence (DUI), they will likely request a breath, blood or urine test. While a driver holds the legal right to decline this test, Georgia law attaches certain penalties to this choice. Here’s what you need to know.
The “implied consent” law and license suspensions
Georgia, like most states, follows the rule of implied consent. This means that anyone operating a vehicle on state roads automatically agrees to chemical testing upon arrest.
If a driver declines this test, the Georgia Department of Driver Services (DDS) may suspend their license for one year. To avoid this “hard” suspension, the driver must act within a strict 30-day window. They generally have two options:
- Request a hearing: Filing for an administrative hearing pauses the suspension while the driver challenges the officer’s decision.
- Apply for an IID permit: Eligible drivers may waive their right to a hearing and apply for an ignition interlock device (IID) limited permit. This allows them to drive with an interlock device installed, avoiding the hard suspension entirely.
Because the forms require precision and the deadline passes quickly, many individuals rely on a legal professional to help them choose the best path.
Can this refusal become evidence in court?
Currently, prosecutors cannot use the refusal of a breath or urine test as evidence of guilt at trial. However, refusing a blood test can be admitted as evidence against the driver.
Prosecutors can also build cases using other evidence, such as dashcam or bodycam footage of driving behavior or the defendant’s performance on voluntary field sobriety exercises.
Does this apply to your case?
A refusal protects the driver from providing a specific breath, blood or urine sample. However, it does not guarantee a dismissal. A person may still face a license suspension hearing and a criminal trial based on the officer’s observations. If you are facing a DUI charge and unsure about how implied consent laws apply to you, consulting with a criminal defense attorney can help provide clarity to your case.