When an officer pulls you over and suspects that you were drinking, they will ask questions. One of these questions may involve consent to take a breathalyzer test. It is important to pay attention, because the impact of your answer will depend on when the officer asks this question.
During the traffic stop
The officer conducting the stop may ask for you to submit to a breath test using a roadside portable alcosensor. You can deny this request with minimal consequences. However, bear in mind that the officer could still move forward with an arrest.
After an arrest
The situation changes dramatically once an officer arrests you. Refusing a chemical test after arrest triggers many penalties, including an automatic drivers’ license suspension for one year (first refusal) and the possibility that the refusal is introduced as evidence in your DUI trial. You can also face additional penalties for subsequent refusals.
The basics of implied consent
Georgia, like most states in the country, has an implied consent law. The Georgia Implied Consent Notice informs drivers of their rights and obligations regarding chemical testing. The law requires officers to read this notice after an arrest before requesting an official test of urine, blood or breath. The warning explains that by driving on Georgia roads, you have already given your implied consent to a test if an officer has reason to believe you are under the influence.
As discussed above, there are two distinct times during a DUI stop that an officer will likely ask you to take a test – and your rights and potential consequences are different based on WHEN the officer asks you to submit to this test.
What are my rights and responsibilities?
Every DUI case presents its own unique circumstances, from the specific facts of your traffic stop to the timing of testing requests and the evidence against you. The consequences of your decisions during a DUI stop — particularly whether to refuse chemical testing — can follow you for years, affecting your license, your freedom and your future. Because Georgia’s DUI and implied consent laws are complex and the stakes are incredibly high, you should not navigate this process alone. If you are facing DUI allegations or have already refused a chemical test, consulting with an experienced DUI attorney immediately can make all the difference in protecting your rights and achieving the best possible outcome for your situation.
