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Can you refuse to submit to a breathalyzer test?

On Behalf of | Jun 11, 2024 | Drunk Driving |

If the police have reasonable suspicion that a driver may be under the influence (DUI) of alcohol, they may stop them to perform a blood alcohol test. The results of the test will determine whether or not the police can arrest the driver and charge them with a DUI.

So, can one refuse to submit to a breathalyzer test?

Georgia’s Implied Consent law

In Georgia, drivers are required to submit to a chemical test to determine if they are impaired. However, a few things should be observed for this law to apply.  Firstly, the officer must timely read the driver the Implied Consent warning (the new implied Consent law that went into effect in 2019). Additionally, the suspect should voluntarily consent to the test. 

Further, the officer should have the permit to perform a chemical analysis of a person’s blood for alcohol content. Thus, they should have attained the required qualifications, including being employed by an entity that is accredited in the area of forensic blood alcohol analysis by a nationally recognized accrediting body, never been convicted of a crime involving moral turpitude, having completed a documented training program in blood alcohol analysis and so on.

If any of these steps or requirements are not observed, the Implied Consent law may not apply to a situation.

What will happen if a driver refuses to submit to a test?

If a driver refuses to submit to a chemical test to determine if they are under the influence of alcohol, their driver’s license may be suspended.

Georgia’s Implied Consent Law can be complicated. If the police stop you for a DUI but can’t determine the best way forward or are charged with refusing to submit to a chemical test, consider seeking legal guidance to make informed decisions.