Technically, yes. However, refusing to do a test may have some consequences. The right to refuse chemical tests in Driving Under the Influence (DUI) cases is rooted in the Fourth Amendment’s protection against unreasonable searches and seizures. In practice, this means you can legally decline to submit to blood, breath or urine tests when suspected of DUI. However, Georgia’s implied consent law can complicate this right.
What do you need to know about Georgia’s implied consent law
When you drive a vehicle in Georgia, the law assumes that you automatically agree to take a chemical test for alcohol or drugs if the police arrest you for DUI or if you get involved in a serious accident. A police officer can ask for a blood, breath or urine test if they have good reason to think you were driving under the influence. While you still have the right to refuse, refusing doesn’t prevent you from still facing DUI charges.
The police must give you a proper notice
However, even if there is implied consent just by driving, the police officer must still read the right notice to you before making you do any sort of chemical test, at the time of the arrest or as soon as possible afterward. They must also explicitly warn you of the consequences of refusing. This can include:
- An automatic license suspension for a minimum of one year
- Using your refusal as evidence against you in court
- Ineligibility for a limited driving permit during the suspension period
Police must inform you that if you undergo the tests, you can get additional tests if you want them. You get to choose which tests you want and who performs them. However, you have to pay for those tests yourself, and the person performing them must be qualified.
Know your rights
You have the right to challenge DUI charges and present your side of the story. Reach out to an attorney who can understand the specifics of your situation and help you explore all legal options available.