Chemical Tests in Georgia
Do You Have to Submit to a Breath, Blood, or Urine Test?
Georgia has an "implied consent" law in regards to chemical tests, meaning that by simply holding a Georgia driver's license, you are already consenting to any breath, blood, or urine test that an officer may request in the event that you should be lawfully arrested for a suspected DUI. These tests must be administered as soon as possible following an arrest, and the arresting officer can choose which test you take. Refusal to submit to a chemical test can bring an automatic license suspension that will vary in length depending on your history of prior test refusals.
License suspension lengths are as follows:
- For a 1st offense, up to one year
- For a 2nd offense, up to three years
- For a 3rd offense, up to five years
Upon refusal, an officer will revoke your license on the spot and give you a 30-day temporary driving permit. Within these 30 days, you can request an appeal to this suspension with the Department of Driver Services (DSS) at an Administrative License Suspension Hearing (ALS).
Should You Submit or Refuse?
Even though the penalties for test refusal are often less serious than those of a DUI conviction, it is rarely a good idea to refuse a chemical test. Just because you refuse a test does not mean that the state does not have sufficient evidence for a DUI conviction. In fact, a test refusal can be counterproductive as it can potentially worsen your situation and be used against you as a sign of guilt. If you are facing a chemical test, it is best to submit and contact an attorney as soon as possible.
Hire a Knowledgeable Hinesville DUI Lawyer
If you have been arrested for a DUI, it is crucial that you retain the services of a powerful attorney who can protect your freedom. At Balbo & Gregg, Attorneys at Law, PC, our Hinesville DUI attorneys have years of trial experience and use their invaluable insight as former military prosecutors to craft a results-driven defense against the prosecution's claims. We understand the gravity of your situation, and we are prepared to do whatever is necessary to maximize your chances of securing a reduction or dismissal of your charges. Do not leave your future in the hands of an inexperienced public defender—contact us today to retain the representation you need!
The best way to get started is by requesting a complimentary consultation online or call us at (866) 580-3089. A skilled defense lawyer from our firm will promptly be in touch.
