Consequences of Refusing a DUI Chemical Test

Refusing a DUI chemical test, such as a breathalyzer, carries significant consequences. Every situation, however, is unique and must be considered within the parameters of the specific circumstances involved. If you are pulled over because the police suspect you of driving under the influence, the most critical first step you can take is consulting with an experienced DUI defense attorney serving Suwanee, GA.

If You’re Pulled Over

If you’ve been pulled over under suspicion of DUI, the officer is very likely to request that you take a roadside breathalyzer test. These tests aren’t remarkably accurate, but refusing to take one has consequences.

To begin, your refusal will likely translate to the probable cause the officer needs to detain you, take you back to the station, and test you there. Invoking your right to an attorney is a wise move at this juncture.

Implied Consent

When you get behind the wheel of your car in Georgia, you give what is called implied consent to be tested for DUI. All the evidence the police need to test you is any indication that you may be impaired, which can include a failure to do any of the following:

  • Use your turn signal
  • Dim your high beams
  • Have a current vehicle registration sticker affixed to your license plate

Implied consent means that you don’t have a lot of options when it comes to being tested for DUI. Unless your attorney advises you to do so, refusal generally comes with serious consequences.

Being Tested at the Police Station

If you refuse to take the roadside breath test, you are likely to be taken to the police station. If you refuse testing at this point, you can expect an automatic license suspension. Further, the police may obtain a warrant that forces your submission to a blood test. These are generally considered far more accurate than roadside breath tests and are, therefore, more challenging to fight.

The Consequences

If you refuse a chemical test in response to a DUI stop, you can expect negative consequences. To begin, there is a mandatory one-year driver’s license suspension with no pathway toward exceptions that allow limited driving.

It’s important to note that this is separate from the consequences of a DUI conviction if you’re ultimately charged and convicted. In other words, refusing a chemical test can cause you to lose your license even if you aren’t found guilty of DUI.

Finally, the fact that you refused to take a chemical test can also be used against you in your DUI case. This means that your refusal could strengthen the prosecution’s case against you. 

An Experienced DUI Defense Lawyer Can Help

The well-respected Suwanee DUI defense attorneys at Banks, Stubbs & McFarland have an impressive track record for successfully defending our valued clients in the face of DUI charges, and we welcome the opportunity to do the same for you. The consequences of a DUI conviction are severe, so please don’t delay. Contact us online or call us at 770-887-1209 today.