People are often confused about the consequences of refusing to take a breathalyzer or blood test that would measure their blood alcohol concentration (BAC) if they’re stopped for suspicion of drunk driving.
Refusal alone is not a criminal offense, although it is grounds for driver’s license suspension. Further, a driver can still be arrested if officers have probable cause to believe they’ve been driving under the influence based on things like erratic driving and other indications of being under the influence.
Drivers who have consumed some alcohol, even if they aren’t sure whether they’re over the legal limit or not, may think it’s safer to refuse to be tested than to risk testing over the legal limit. That refusal, however, can be used as evidence against them if a person is charged with DUI.
A question of constitutionality
This year, the constitutionality of that practice was the subject of a case that made it up to the Georgia Supreme Court. A Fulton County woman claimed it was a violation of her Fourth Amendment right to protection from unreasonable search and seizure and her Fifth Amendment right to due process and protection against self-incrimination.
A trial court agreed, but prosecutors disputed that ruling, which is how it ended up before the high court. The high court, however, ruled unanimously that her rights were not violated. Several justices, however, noted in a concurring opinion that there are multiple reasons why someone might refuse a test, including everything from being in a bad mood to fear of needles.
That opinion stated, “All of those are perfectly good reasons not to consent. None of those reasons offer any basis for suspecting the nonconsenting person of crime.”
It’s crucial for anyone who drives to understand the law regarding their right to refuse a warrantless breath or blood test. However, it’s also crucial to know the potential consequences of a refusal. Anyone who is facing a DUI charge can benefit from getting legal guidance as soon as possible to help protect their rights and determine how they want to move forward.