What happens if you refuse to take a sobriety test?

On Behalf of | Dec 20, 2022 | Criminal Defense

A blue and red light in your rearview is never welcome. If you have consumed any alcohol, the dread as the officer approaches may reach a fever pitch.

The police need a reason to pull you over, but once they have it, they can try to put you through the motions for a DUI check. You have the right to say no, but it will come with its consequences.

Will the officer know you have consumed alcohol?

The police may have stopped you for one reason, but the officer analyzes your every move. The police may ask you if you consumed alcohol, how much and when. Remember that you are dealing with officers trained to use their observational skills to form an opinion.

What happens if you refuse a breath test?

The officer may request you to take a series of sobriety tests. This may start with roadside tests and end with a breath test. You do not have to agree to a breath test, nor do you have to take a blood test without a warrant. However, refusing either or both will lead the police to take further action, but in a different way.

Is there a law about refusing breath tests?

Upon obtaining a Georgia driver’s license, you agreed to abide by the law, keeping others safe when driving. You also acknowledged and agreed to cooperate with law enforcement in their investigations, including giving a breath test. Under the implied consent law, a failure to cooperate and give a sample means an automatic suspension of your license, regardless of whether the police charge you with a DUI or not.

You can maintain your civil rights when you refuse a breath test. However, you will lose your right to a license for a predetermined amount of time.