What Happens if I Refuse a Breath Test in Georgia?

The officer just asked you to blow into the machine. Your gut says refuse. But before you make that decision, you need to understand what Georgia law actually does when you say no, because the consequences kick in immediately and they’re separate from your criminal case.

Refusing a Breath Test Triggers an Automatic License Suspension

Under Georgia’s implied consent law, O.C.G.A. § 40-5-67.1, you agreed to submit to chemical testing (breath, blood, or urine) the moment you started driving on Georgia roads. That agreement is baked into your privilege to drive.

If you refuse the state-administered breath test after a DUI arrest, here’s what happens:

• Your driver’s license can be suspended for a minimum of one year
• The suspension is administrative, meaning it happens through the Georgia Department of Driver Services (DDS), not the criminal court
• The suspension goes into effect even if you are never convicted of DUI

This is a separate process from your criminal case. You can beat the DUI charge entirely and still lose your license for 12 months because you refused the test.

Breath Test vs. Field Sobriety Tests

Many people confuse field sobriety tests with the state-administered breath test. They are not the same thing, and the rules around refusal are completely different.

Field sobriety tests (walk-and-turn, one-leg stand, horizontal gaze nystagmus) are voluntary. You can decline to perform them with no automatic penalty. Georgia’s implied consent law does not cover field sobriety tests.

The state-administered breath test (requested after arrest) is what triggers implied consent consequences. This is the test where refusal leads to the one-year hard suspension.

The portable breathalyzer used at the roadside during the stop is also different from the state-administered test. Roadside breath test results are generally not admissible in court as evidence of your BAC, but the state-administered test at the station is.

Can a Breath Test Refusal Be Used Against You in Court?

In 2019, following a major court ruling, refusing a breath test can no longer be used as evidence of guilt at your DUI trial.

However, refusing a blood or urine test can still be introduced as evidence against you. The distinction matters.

If the officer requested a breath test and you refused, prosecutors cannot tell the jury that your refusal proves you were guilty. But if the request was for blood or urine and you refused, that refusal is admissible.

Important: Even if you refuse, officers can obtain a search warrant for a blood draw. If a warrant is issued, law enforcement can collect a blood sample using reasonable force if necessary.

You Have 30 Days to Challenge the Suspension

After a breath test refusal, you have a critical 30-day window. Within 30 days of your arrest, you must either:

• Request an Administrative License Suspension (ALS) hearing through the Georgia Office of State Administrative Hearings (OSAH), or
• Install an ignition interlock device (IID) under O.C.G.A. § 40-5-64.1 to maintain limited driving privileges

If you miss this 30-day deadline, the suspension goes into effect automatically and you lose the opportunity to challenge it or get any driving privileges during the suspension period.

At the ALS hearing, the issues are limited to:

• Whether the officer had reasonable grounds to believe you were DUI
• Whether you were lawfully arrested
• Whether the officer properly read you the implied consent notice
• Whether you refused the test

If your attorney can show the officer failed to follow proper procedure, read the wrong implied consent notice, or lacked reasonable grounds for the arrest, the suspension can be overturned.

What Does the Implied Consent Notice Actually Say?

The implied consent notice is a standardized script that officers are required to read immediately after your arrest.

For drivers 21 and older, the notice includes the following key points:

• Georgia law conditions your driving privilege on submitting to chemical tests
• Refusing will result in a minimum one-year license suspension
• Your refusal of blood or urine testing may be offered as evidence at trial
• If you submit and your BAC is 0.08 or higher, your license may also be suspended for one year
• After taking the state’s test, you’re entitled to an independent test at your own expense

If the officer fails to read the implied consent notice, reads the wrong version, or makes a substantive error in the reading, it can be grounds to challenge both the test results and the license suspension.

Should You Refuse the Breath Test?

This is one of the most common questions people ask, and the honest answer is: it depends on your situation.

Refusing may help if:

• You believe your BAC is well above the legal limit and a test result would make the prosecution’s case stronger
• You want to limit the amount of evidence available to the state

Refusing may hurt if:

• You face a guaranteed one-year hard suspension with no driving privileges
• You have a prior DUI and the enhanced penalties for refusal are more severe
• Officers obtain a warrant for a blood draw anyway, giving the state the evidence plus the refusal on your record
• You hold a CDL, since a refusal can trigger CDL disqualification on top of the standard suspension

The decision to submit or refuse happens in real time, under pressure, and without the benefit of legal advice. That’s by design. Georgia law does not give you the right to consult an attorney before deciding whether to take the test. You must decide on the spot.

But regardless of what you decide, the most important thing you can do afterward is contact a defense attorney within that 30-day window.

Refused a Breath Test in Georgia? Call a Defense Lawyer Now.

If you refused a breath test after a DUI arrest in Georgia, the clock is already ticking on your license. You have 30 days to take action, and every day that passes is a day closer to losing your ability to drive for a full year.

At J. Ryan Brown Law, we handle breath test refusal cases in Newnan, Coweta County, and throughout Georgia. We challenge the stop, the arrest, the implied consent process, and the suspension itself. Contact us today for a consultation.