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Resolved Question

Implied Consent

What happens if a driver refuses to take a breathalyzer test? Is he/she arrested at the scene?

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• 
  Kenneth D. Brown, Esq.

  Under Georgia’s Implied Consent Law, any driver’s license holder in the state is consenting to submit to a chemical test when police stop a person for drinking and driving. Driving is considered a privilege not a right and therefore the state has no problem taking away a person’s driver’s license if he or she refuses to take a blood, breath or urine test when properly asked by police. If a driver has not been drinking and driving and police ask you to take a breath test and you say no, you will automatically be arrested for DUI. However, if you have been drinking and driving and decide to take the breath test and you fail by going over the legal limit of .08%, you will also be arrested for DUI. 

  If you seek additional assistance or would like to speak with an attorney please call us at 404-766-8002 and ask for Ken Brown, or e-mail KenBrown@laylawlegal.com 

  
  

  • 01/24/2012 22:25
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