Will I Lose My License if I Refuse to Take a BAC Test?

Georgia DUI laws can be complex because they involve you in two separate proceedings: criminal and administrative. Typically, the Georgia Department of Driver Services (DDS) becomes administratively involved in most every DUI case. The rationale in the DDS involvement with suspension of driver’s licenses is that it tries to keep reckless, dangerous and negligent drivers off of the road to help ensure the safety of others.

One way the DDS works to increase public safety is through enforcing the implied consent law. You may automatically lose your license if you refuse to take a blood alcohol concentration, or BAC, test at the time of a DUI arrest under this law. Georgia drivers must provide their consent at the time they apply for their driver’s license, therefore, the consent is implied.

Many times the DDS will try to suspend your license for any DUI arrest before you are even convicted of a crime. The administrative suspension of a driver’s license can be for 30 days on a first suspension, or even for one year on your first suspension, if you refuse to submit to a BAC test.  You will also be ineligible for a limited driving permit if you refuse to submit to a BAC test.

First-time DUI offenders can apply for a limited driving permit if they took a BAC test. A second administrative suspension within a five year period could potentially suspend your driving privileges for a period of up to three years, subject to reinstatement after eighteen months. A third administrative suspension within a five year period results in a five year denial of driving privileges, subject to a potential probationary license after two years.

When it comes to the Georgia Implied Consent law and a potential Administrative License Suspension, no short, easy answer can be provided to the question of whether to submit to a BAC test if you are lawfully arrested for a DUI exists. Every case and its circumstances is different. The arrest may be lawful even if you do not believe you are guilty of a DUI.  However, the decision to take or not take the State’s BAC test carries tremendous potential consequences. Depending on the particular set of facts, circumstances and criminal history involved, the decision could be the most critical in the entire DUI arrest process.

While it is always best not to drink and drive, it also doesn’t hurt to know your rights when it comes to Georgia’s Implied Consent Law! Consult with your local experienced Georgia criminal defense attorney if you are facing DUI charges and the potential loss of your license. An attorney can review the facts and circumstances of your case and advise you on what penalties you may face and how long your license suspension may be.

If you’ve been arrested for a DUI, our skilled attorneys are here to help. Thomas C. Rowsey, P.C. will work hard to protect your rights and ensure you are back on the road as soon as possible. Based in Roswell, GA, Thomas C. Rowsey Attorneys at Law serves those across the greater Atlanta metropolitan area including Roswell, Alpharetta, Marietta, Milton, Cumming, Dunwoody, Johns Creek and Sandy Springs. Contact our office today at (770) 993-5317 or fill out our online form to schedule a free consultation. Offering expert legal counsel in personal injury, criminal defense and family law, Thomas Rowsey, Attorneys at Law are here to help.