People stopped by police officers in traffic are often unsure of their rights. They want to comply with the police officers to prevent the escalation of the situation. In some cases, they might accidentally make decisions that increase their risk of criminal charges.
Especially in scenarios where police officers suspect a driving under the influence (DUI) violation, drivers may feel compelled to submit to any testing that police officers request. They may hope to prove that they are actually sober enough to drive safely. They might also believe they do not have the option of refusing a test.
Is roadside testing mandatory if police officers suspect a driver of intoxication?
The law addresses certain tests
Confusion about state statutes is one reason that individuals might assume that they have to submit to tests during a DUI traffic stop. There is an implied consent law that mandates submission to chemical testing after a DUI arrest.
However, drivers are not required to submit to any pre-arrest testing. Drivers could decline a request to voluntarily submit to pre-arrest chemical testing. They can also refuse to perform field sobriety tests.
Refusing tests while not yet under arrest is not a reason for police officers to arrest a driver. Pre-arrest test refusal should not impact the charges or penalties that a driver faces.
A refusal to submit to chemical tests after an arrest is a violation of Georgia’s implied consent law. The motorist could lose their license for refusing the test. That penalty is in addition to any sentence handed down after a DUI conviction.
Understanding breath testing rules during a DUI traffic stop can help people protect themselves. Motorists accused of drunk driving may need help responding to their pending charges if they want to avoid criminal convictions.