If you get pulled over by the police in Georgia, on suspicion of impaired driving, it’s very likely that they’re going to ask you to take a breath test. They will want to establish your BAC (blood alcohol concentration) at the time of the traffic stop. The results of this test can then be used in court if you are arrested on suspicion of impaired driving.
However, you may find yourself wondering if you can just refuse the test. Maybe you don’t want to take it for a variety of reasons, such as being worried that a false positive would lead to a conviction when you know you haven’t done anything wrong.
Implied consent laws
It is possible to refuse the breath test. However, you should note that Georgia uses implied consent laws, as do many other states. Under these laws, there is already an assumption that you will take the test because you have given your consent simply by driving on public roads and with a Georgia driver’s license.
As such, refusing to take the test is a violation of those implied consent laws. It will initially lead to a driver’s license suspension, likely for one year.
So the main thing you need to know is that, while refusing the test is possible and you won’t be forced to take it, there are ramifications to doing so, and you could lose your driver’s license for a significant amount of time. This could even happen if you have no alcohol in your system at all and wouldn’t have been convicted on impaired driving charges. Refusing the test still triggers the license suspension.
If you are facing drunk driving charges or similar allegations, be sure you understand exactly what legal defense options you have.