What if I Refuse a Breathalyzer?
Often people ask the question, Should I have refused that breathalyzer? The answer is not always a simple one. Technically, when you sign that line for your Georgia's driver's license, you have also signed your right away to refuse the breathalyzer. This is what we call implied consent. However, people every day refuse the chemical test--unsure if it is the right thing or not. When one refused the breathalyzer or even a blood test, there are some inherent consequences, set forth by the state of Georgia--and you can still be charged with a DUI.
The officer is looking for proof of what he has probable cause to charge you with. After refusing the breathalyzer, urine or blood test, you have 10 days to submit to the Department of Driver Services, your license suspension letter of appeal. See, the officer in this case is likely going to submit that your license gets suspended, and on the 31st day of your arrest, it will be, unless you attend the ALS hearing. With some cases, the prosecution can use your breathalyzer refusal as an admission of guilt.
