1. Home
  2. /
  3. Blog
  4. /
  5. Breathalyzer Test
  6. /
  7. The Most Important Facts...

The Most Important Facts To Think About Before Submitting To A Breathalyzer Test In Atlanta

Breathalyzer Test Defense Attorneys Serving Clients in Atlanta, GA

If you have a few beers or glasses of wine at dinner and got behind the wheel of your car, you may be surprised to learn that you could be over the legal alcohol limit in Georgia. Under the Official Code of Georgia Annotated, a driver can be charged with driving under the influence (DUI) if a law enforcement officer determines that the driver is over the legal limit, or if the driver submits to a breathalyzer test and shows a blood alcohol content (BAC) of 0.08 percent or higher.

If you are charged with a DUI, you can face serious consequences. In the event that you are convicted of drunk driving, penalties include costly fines and even jail time. While you may think it is in your best interest to decline a breathalyzer test if you are pulled over for a DUI, such a refusal comes with serious consequences. It is important to remember that an experienced attorney at a breathalyzer test law firm in Atlanta can help you to defend against your breathalyzer test results.

Consequences of Failing a Breathalyzer Test in Georgia

If you take a breathalyzer test after being pulled over for a DUI and the device shows a BAC of 0.08 percent or more, you may be looking at many serious consequences that could impact your livelihood and even your freedom. And if this is not your first DUI offense, then the charges are likely to be more severe. Under Georgia law, a 1st DUI offense can carry the following consequences:

  • Jail time that can last as long as one year;
  • Fines and penalties that can range between $300 and $1,000; and
  • Suspension of a driver’s license for up to one year.

For a 2nd DUI and a 3rd DUI, the consequences grow increasingly harsh. A 2nd DUI offense may include the following consequences:

  • Jail time lasting up to one year;
  • Fines and penalties that can cost anywhere from $600 to $1,000;
  • Driver’s license suspension for three years; and
  • Ignition Interlock Device (IID) in your car.

A 3rd DUI can result in:

  • Between 15 days and one year in jail;
  • Fines and penalties costing at least $1,000 and as much as $5,000;
  • Driver’s license suspension for five years; and
  • Required IID in your vehicle.


If you are convicted of a subsequent DUI, you will be facing the consequences of a felony DUI offense, which can include:

  • Up to five years in jail;
  • Up to $5,000 in fines and penalties;
  • Driver’s license suspended for an indefinite period of time; and
  • Required IID in your vehicle (if you are able to drive again at any point).

Consequences of Refusing a Breathalyzer Test

Sometimes the consequences of refusing a breathalyzer test may seem less severe than the consequences of a DUI conviction. It is important to understand just how serious refusing to take the test can be, however. Under O.C.G.A. 40-5-67.1, Georgia drivers give implied consent to chemical tests, and thus the refusal to submit carries the following penalties:

  • For a 1st DUI offense, refusing to take a breathalyzer test results in the automatic suspension of your driver’s license for one year.
  • A 2nd DUI offense for which you refuse to take a breathalyzer test means your license will be suspended for three years.
  • For a 3rd DUI offense in which you refuse a breathalyzer, your driver’s license can be suspended for five years.

Refusing a chemical test in Atlanta can also carry stiff fines.

Contact a DUI Lawyer in Atlanta

Facing a DUI charge can be a confusing and anxiety-inducing process. At the office of Thomas, Webb and Willis, LLC, one of our experienced advocates can help with your case. Contact us for DUI law help in Atlanta, GA today.

Blog Post Provided By:

Thomas & Willis, LLC

750 Hammond Drive, Suite 5-100
Atlanta, Georgia 30328

Phone: (404) 250-1113


What Is An Atlanta Administrative License Suspension?

If you have been arrested for a DUI in Atlanta, Georgia, you will likely be facing an administrative license suspension (ALS). the same way as DUI cases involving alcohol.

What To Expect From A 3rd or 4th DUI Offense

If you are unlucky enough to have either three or four DUI convictions, then you already know that the consequences of consecutive DUIs increase dramatically.

What Are The Most Important Things To Know About Forfeiture Laws In Georgia?

Many people are surprised to learn that their property can be forfeited if they are suspected of engaging in criminal activity such as drug sales of other drug crimes.

What Happens When You Refuse A Sobriety Test In Georgia?

If you are pulled over on the suspicion of driving under the influence, the officer will ask you to perform field sobriety tests and to take a preliminary breath test. turn the stop into a DUI investigation.

Back to Top