No driver wants to see the flashing lights of a police cruiser behind them in traffic. However, police officers across Georgia regularly stop and cite motorists for violating traffic statutes. In more serious cases, they may arrest the driver because they committed a crime, not a simple traffic violation.
If an officer suspects someone of a driving under the influence (DUI) violation, they may arrest that person and transport them to state facilities. Before that happens, they may ask the driver to perform field sobriety tests followed by a chemical breath test.
Do Georgia motorists have an obligation to submit to breath testing during a DUI traffic stop?
Breath tests are sometimes required by law
Drivers have every reason to be wary of chemical breath testing. Despite how much faith people put in chemical tests, it is surprisingly easy for devices to return false positives or inaccurately high test results. Factors ranging from an individual’s health to the calibration of the testing device can affect how accurate breath tests actually are.
Unfortunately, drivers may face penalties depending on when they decline a test request. State law does authorize certain testing. Georgia has an implied consent law to help facilitate investigations into impaired driving allegations. Specifically, state statutes require that drivers submit to chemical testing in scenarios where police officers already have probable cause to arrest them. While officers cannot compel people to submit to testing, drivers who don’t consent face other consequences.
A driver recently arrested for a DUI violation cannot refuse a breath test without committing a secondary criminal offense. Implied consent violations may lead to a driver’s license suspension. That penalty is in addition to any suspension imposed after a DUI conviction or guilty plea.
Refusing a breath test does not necessarily prevent a driver from facing DUI charges. Police officers may have video footage of their driving or field sobriety test. They may testify about the driver’s behavior at trial.
Motorists who secure representation can raise questions about the legality of a traffic stop. They could also provide an alternate explanation for test results that led to a DUI arrest. Understanding Georgia’s rules for impaired driving cases can help people avoid the worst possible consequences after a DUI arrest.