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William Doyle Healan III
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William Healan’s Answers

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  • What happens if you decline or refuse to take the breathalyzer test?

    If I get stopped for a minor violation, like failure to dim brights, can you decline the breathalyzer test? What happens from refusing a breathalyzer test in Georgia? Should I take the breathalyzer test?

    William’s Answer

    You can certainly refuse a breath test. Here's what happens if you refuse a breathalyzer test. The officer can initiate a driver's license suspension for the refusal. It is critical that you send a letter to the Georgia Department of Driver Services within 10 business days of your arrest to contest the refusal suspension.

    Note that there is a new $150 filing fee that DDS now charges for one of these hearings. It is up to the arresting officer to either institute the refusal suspension or not. If the officer does the suspension, he will issue a temporary driving permit, form 1205, and give you a copy. The hearing procedures are on the back of the form. Also note that the refusal suspension only applies to a refusal to submit to a test on the intoxilyzer 5000 or a blood or urine test. A refusal to submit to the hand held device that officers often carry will not result in a suspension.

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