DUI laws in Georgia are becoming tougher to deter people from drinking and driving. One question that may be on your mind is if you can benefit from refusing a breathalyzer test. Living and operating a vehicle in an implied consent state means that you already agreed to provide law enforcement with a chemical sample of your breath, urine and blood.
You may already be aware that breathalyzers test for the presence of alcohol. They are not always a reliable method for determining a person’s level of intoxication. Even if you have one drink, you can blow a positive, and that is enough for an officer to arrest and charge you with a DUI. You may think that by refusing to take the test that you can avoid the consequences, but you can still receive those penalties with a breathalyzer refusal.
Learn about your rights to minimize the penalties you may face if you refuse to take a breathalyzer test.
You have the right to refuse
If you do not consent to a roadside breathalyzer test, law enforcement can arrest and take you down to the station. The officer can submit a request that contains sufficient cause for a judge to issue a search warrant to force you to take a breathalyzer test or to obtain a sample of your urine or blood for chemical analysis at the station.
The consequences of refusal
A breathalyzer refusal is an implied consent infraction. If you refuse to comply with testing after the issuance of a search warrant, you may receive criminal charges for not cooperating with law enforcement, a DUI and violating the implied consent law. Your driving privileges will be suspended for a year. During that time, you are unable to qualify for any other type of driving privileges. However, a first-time DUI offender may be able to receive a hardship license.
Even if you are not intoxicated you can still lose your driving privileges for refusing to take a breathalyzer. If you are dealing with a DUI charge and a breathalyzer refusal situation, you should speak to an attorney for guidance.