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In the state of georgia you will be subjected to mandatory penalties if you refuse to submit to a breath blood or urine test at a law enforcement officers request.
Should you refuse a breathalyzer test in georgia. Can my refusal to take a breathalyzer test be held against me in court. That means deputies will have to change their procedures. If your refused testing your georgia drivers license or privilege to drive in georgia will be suspended for 1 year.
Thats why people are leveraged into taking the breath test. You can still refuse to take sobriety tests regardless of what the implied consent laws are in your particular state you are subject to those in the state in which you are driving. Legislators scrambled to fix georgias dui law after the states highest court ruled last month that refusing to take a breathalyzer test cant be used in court against motorists suspected of.
Refusing a chemical test will also lead to harsh administrative consequences. At a police station you do not have the right to refuse the in station breathalyzer. In fact the only way the police in georgia can force you to take a breathalyzer test is with a valid warrant.
First you may refuse a breathalyzer test in georgia. Once you have refused the officer will confiscate your license and issue a 30 day permit. Everyone who drives on georgia roads or has a georgia drivers license has given whats called implied consent.
Per krs 189a1052a1 if you refuse to submit to the blood breath or urine tests the effects are as follows. The georgia dds will suspend your license for one year with no limited driving permit available. When you are arrested for suspicion of dui or involved in a car wreck causing serious injury the police officer will read you a mandatory notice and ask you to submit to a chemical test of your breath blood or urine.
Even though you agreed to abide by these conditions when you applied for a drivers license you can still refuse to take the sobriety tests. Georgia law requires that you submit to the state administered chemical test of your blood breath urine or even other bodily substances. 1 the refusal may be used against you in court as evidence of violating krs 189a010 the dui statute.
However there are some serious and automatic consequences if you do. In many states a persons refusal to take a breathalyzer test can be introduced in court. Yes you can decline to take the breath test in georgia.
No right to consult an attorney roadside the implied consent law is designed to encourage those arrested for dui to take the chemical test.
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