Question: What Are The Repercussions For Refusing An Official State Breath Test In Georgia?

Answer: They are subject to two things. One is that they are subject to the implied consent laws, and they could lose their driver’s license or privilege to drive for up to a year. In addition, the state could also try and seek a warrant for their blood from a magistrate judge. In certain jurisdictions or certain police departments, have a policy where they will try to disallow a refusal to take a test. Currently, that’s under litigation up in the Appellate Courts of Georgia, but they might go ahead and try to get a warrant, even if you refuse, to get your blood anyway.

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