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Understanding Georgia law regarding breathalyzers or breath tests

Understanding Georgia law regarding breathalyzers

When you have been pulled over and are suspected of drunk driving, you could be asked to provide a breath sample. Misconceptions exist about what your rights are and what these types of tests are. Misunderstandings can lead to more problems, especially if you are facing DUI charges in Georgia.

We believe informed clients make better decisions about their DUI case. If you have questions or want to speak to a criminal defense lawyer in Georgia, call us at (770) 249-4405 to schedule a free consultation.

What happens if I refuse a breath test?

Under Georgia's implied consent law, if you refuse a breath test (or blood or urine test) you will have your license suspended for 12 months. The officer is supposed to take your plastic license from you and give you a piece of paper that says "Department of Driver Services" at the top. That piece of paper is called a "form 1205." The form 1205 is your new driver's license (since the officer took your plastic license). 

What if the officer did not read me my Miranda rights?

Failure to read Miranda rights in connection with a DUI arrest can result if the exclusion of evidence. Read our Miranda Rights page for more information. 

How long can I drive on the form 1205?

You can lawfully drive on a form 1205 for 45 days. On the 46th day, your license is suspended (your 12 month suspension for refusing the breath, blood, or urine test). 

Is there anything that can be done to save my license when I refuse to take a breathalyzer?

Absolutely, yes. Call us immediately. You have 30 days from the date of your arrest to either: (1) do an ALS appeal; or (2) install an ignition interlock device and get a special interlock license from DDS. 

What happens if I refused the breathalyzer, but I didn't file an ALS appeal within 30 days?

You're in a tough spot. Under Georgia law, you are supposed to have a 12 month suspension. Normally, when you plead to a first DUI, you will get a license suspension, but at least you can get a work permit. However, if you had your license suspended for a refusal to take a breathalyzer (or blood or urine test) you cannot even get a work permit if you end up pleading to the DUI. This is where you absolutely need to call us. 

Contact us about your DUI today

You can have your day in court to challenge DUI charges regardless if you took and failed a breath test or refused one. With the right DUI defense lawyer, you can be successful. Contact Brett Willis Law today by calling us at (770) 249-4405 or filling out an online form to schedule a free consultation. We will review your case and discuss your best legal options.

This is your life. Let us fight for it.

If you are facing criminal charges, you are in the right place. Give us a call at 770.249.4405, or send us a message.