Refusing the breath or blood test in Georgia
Georgia officers read a set implied consent notice before asking for a state test. This page explains what that notice says, what a refusal does to your license, and what it means for the 30-day deadline.
Last reviewed · Information, not legal advice
What the officer reads
Georgia law sets out the implied consent notice the officer must read, with separate versions for drivers under 21, drivers 21 and over, and commercial drivers. For drivers 21 and over, the notice says, in substance:
- the State of Georgia has conditioned your privilege to drive on submitting to state-administered chemical tests of your blood, breath, urine, or other bodily substances;
- if you refuse, your Georgia license or privilege to drive in Georgia will be suspended for a minimum of one year;
- your refusal to submit to blood or urine testing may be offered into evidence against you at trial;
- if you submit and the result is 0.08 or more, your license may be suspended for a minimum of one year; and
- after first submitting to the state's tests, you are entitled to additional tests at your own expense from qualified people of your own choosing.
The under-21 notice uses 0.02 instead of 0.08. The commercial notice warns of a one-year disqualification from commercial driving and a 24-hour out-of-service order for any alcohol.
The law says the notice must be read in its entirety but need not be read word for word, as long as the substance does not change.
What a refusal does to your license
If you refuse, no test is given and the officer reports the refusal to DDS. The officer serves the DDS 1205 notice, takes your Georgia license, and the notice serves as a 45-day temporary permit.
- DDS says the suspension for a refusal is a minimum of one year.
- DDS says it makes you ineligible for a limited driving permit if you are convicted of a first DUI.
- For drivers licensed in another state, the suspension applies to the privilege to drive in Georgia.
The 30-day deadline still applies
A refusal does not take away your right to an ALS hearing. You have 30 calendar days from the serve date on the DDS 1205 to request it, with the $150 fee. The hearing officer decides, among other things, whether you were properly read the notice and whether you actually refused. The ALS hearing guide explains how to file.
Refusal compared with a test at 0.08 or more
Both lead to a DDS 1205 and the same 30-day choice. The differences are in what comes next:
| Refused the test | Tested 0.08 or more (21+) | |
|---|---|---|
| Administrative suspension | Minimum one year (DDS) | Applies, subject to the hearing |
| Interlock limited permit | Check eligibility with DDS | May be available (see the interlock guide) |
| Non-interlock permit | Not listed | DDS says those who consented to the test may be eligible |
| Limited permit after a first DUI conviction | Not available (DDS) | May be available |
These summaries come from DDS pages and the statute. Your notice and your driving record decide which options you actually have.
Additional tests
If you take the state's test, the notice says you may get an additional test of your own at your own expense. If that matters in your case, tell your lawyer as soon as possible.
Questions to write down
- Did I refuse, or did I take the test? If I took it, what was the result?
- What is the serve date on my DDS 1205, and when does day 30 fall?
- Was the implied consent notice read to me, and when?
- Did I ask for an independent test of my own?
- Do I hold a commercial license, or am I under 21?
The answers decide which notice applied and what your options are. A lawyer can go through them with you.
Drivers under 21 and commercial drivers
The under-21 notice uses a 0.02 limit, so a lower result can still lead to a DDS 1205. DDS says drivers under 21, like drivers licensed in another state, have two choices inside the 30 days: request an ALS hearing, or do nothing. The interlock permit is not one of their options.
Commercial license holders face a separate disqualification from commercial driving, on top of any action against the regular license. Anyone holding a commercial license should talk to a lawyer about both before the 30 days run out.
What to do next
Read the deadline on your DDS 1205, then decide how you will handle it. A lawyer can review whether the notice was given correctly and what options your record allows. Local DUI lawyers are in the directory.
Who you will deal with
Georgia Department of Driver Services: ALS hearing requests by mail
RM-Hearing Requests, P.O. Box 80447, Conyers, GA 30013
More offices, with notes, are on the local resources page.
Find local help
Listings come from public records or from the business itself. A listing is not a recommendation.
Common questions
Is refusing the test a crime in Georgia?
The refusal itself leads to an administrative license suspension through DDS. The implied consent notice also says that a refusal to submit to blood or urine testing may be offered into evidence at trial. Whether and how a refusal can be used in your case is a question for a lawyer.
How long is the suspension for refusing?
DDS says a refusal means a suspension for a minimum of one year, and that it makes you ineligible for a limited driving permit if you are convicted of a first DUI.
Can I still request a hearing if I refused?
Yes. The ALS hearing is available to any driver issued a DDS 1205, and one of the questions it decides is whether you actually refused. The request must be made within 30 days of the serve date.
Sources
Official sources checked on October 28, 2026.