Do I Have to Take a Breath Test?

by Chester James Gregg on Sep. 15, 2017

Criminal DUI-DWI 

Summary: Do I Have to Take a Breath Test?

In Georgia, getting pulled over for suspicion of driving under the influence (DUI) can branch out into multiple occurrences and outcomes. If you are ultimately arrested, you should also expect that you will be asked to submit to a breath or chemical test. The key word in that sentence is that you will be asked, not told.

You do not have to take any chemical testing after a DUI. But that is not exactly how the question should be phrased. You should be asking, "Should I take a breath test?"

Consequences of Not Taking a Breath Test in Georgia

Every state in the United States of America – including the District of Columbia (Washington DC) – follows the "implied consent" law when it comes to driving laws. This rule states that if you have a valid driver's license, you agree to submit to any requested breath or chemical tests, or accept the consequences of denial based on the state you were arrested in. For the state of Georgia, refusing to take any breath test will automatically lead to the revocation of your driver's license, typically for more than a year.

This automatic revocation is processed through the Department of Motor Vehicles (DMV), and it is not a criminal charge. Seems good? Not so. Due to it being a consequence and not a criminal penalty, you cannot contest the revocation, and it will occur whether you were intoxicated behind the wheel or not.

As DUI lawyers in Richmond Hill, our advice here at Balbo & Gregg, Attorneys at Law, PC is that it is simply not worth it to refuse to take the breath test. With our help, you can challenge the results of any type of chemical test, citing problems in accuracy or machine calibration. We can also question if the arresting officer had a valid reason to pull you over in the first place. But no criminal defense lawyer in Georgia can help you retrieve a license that was revoked due to refusal.

To learn more information on this subject – or to retain the services of our Hinesville DUI attorneys for a legal issue you are facing – call (866) 580-3089 and ask for acomplimentary case evaluation.

Legal Articles Additional Disclaimer is not a law firm and does not offer legal advice. Content posted on is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, recommends that you contact a lawyer to review your specific issues. See's full Terms of Use for more information.