Imagine driving on the highway and noticing the bright blue and red lights from a police car behind you. You realize you are being pulled over, so you drive off the road, to the side, and prepare to show your identification, car registration and insurance.
Suspected DUI?
What happens if the police suspects that you’ve been drinking? Well, they can ask you to take a test. One of the most common tests is the breathalyzer test, which measures the level of alcohol in your breath.
Refusing to test
Let’s say you did drink a bit too much and know that the results may not be advantageous to you. In that case, you think to yourself that it might be best to refuse the test. Is it the best thing to do, though?
Consequences
Unfortunately, because driving is a privilege and not a right, police have the right to ask to rest you. You can refuse but there are consequences.
This is because of Georgia’s “Implied Consent Law” which states that by driving on public roads, you consent to testing if law enforcement suspects you are driving under the influence of alcohol or drugs.
Losing your license
If you refuse the breathalyzer, the officer cannot force you to take the test, but they will most likely take your driver’s license away, which means you will lose your driving privileges.
For a first refusal, the state is allowed to take your license for up to a year. That is a long time without the ability to drive.
Notice
Again, if you refuse to take the test, the officer will give you a piece of paper, a notice, which notifies you they are taking your driver’s license away.
You can fight this in court and have 30 days to ask for a hearing to challenge that suspension, however, the prosecution will use your refusal to take the test against you in court.
Sometimes, the law considers refusing to take the test more serious than failing it.
If the state finds out you were driving under the influence of alcohol or drugs and you refused to take the test, they can impose additional penalties on top of the ones associated with refusing to take the test.
Arrest is possible
Keep in mind that if you refuse to take the test and police believe you are driving under the influence, they can arrest you. In that case, when you are under arrest, you could take and fail other sobriety tests, including a urine or blood sample.
Remember that DUI laws exist for a reason and refusing to take a breathalyzer is a tricky one because you will look guilty, pay the price anyway and you can still be arrested. In most cases, it is best to take the test, do not say a word and ask to speak with your lawyer, who will represent you in court and can help you put together the most effective strategy, which can include defenses.