Georgia Breathalyzer Refusal

Did you know that all Georgia drivers are legally required to perform a breathalyzer if a member of law enforcement requests one? In fact, drivers who are charged with a Georgia breathalyzer refusal offense face the same penalties as those who are arrested for drunk driving—and in some cases, refusing to perform the test can result in even tougher penalties than failing!

As the name implies, a breathalyzer is used to determine the amount of alcohol in a driver’s system by analyzing his or her breath. Under federal law, drivers over 21 are prohibited from operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher. If you are under 21, or operate a commercial vehicle, you are subjected to an even lower BAC limit—0.02% for minors and 0.04% for commercial drivers.

It is important to know that the breathalyzer administered at the scene of your arrest is not sufficient to convict you of DUI. The official breathalyzer must be administered at a nearby medical facility or police station. Prior to performing this test, you should also be aware that the officer is legally obligated to inform you of the consequences of refusing to take the test—otherwise, the charges against you may be dismissed.

The penalties for refusing to take a breathalyzer include up to a one-year license suspension with no chance of receiving a restricted permit. Depending on the circumstances of your arrest, you may also have to perform community service, complete an alcohol treatment program, or even spend time in jail.

If you didn’t realize the consequences of refusing a Georgia breathalyzer, you’re not alone. Each year, hundreds of drivers are arrested for violating this law. The good news, however, is that with the right defense strategy, you may be able to challenge your arrest and improve your chances of obtaining a successful outcome in court.

To learn the best tactics for your case, contact the Law Offices of Greg Willis today. As an exclusive DUI defense firm, Mr. Willis and his team have the experience and skill to take on the prosecution and help you reduce or eliminate the charges against you.

Put one of the state’s most successful defense firms to work for you. Contact attorney Greg Willis to begin planning your defense. Should you choose to retain the firm’s services, Mr. Willis will prepare your license appeal form for free, and provide a complimentary copy of The DUI Book—a comprehensive guide to Georgia DUI law written by the firm’s senior partner, William C. Head.

Protect your rights and your future. Contact the Law Offices of Greg Willis immediately after your arrest to start working on your case.

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