Driving under the influence is a serious offense in Georgia. When law enforcement asks you to pull over on suspicion of DUI, you may be requested to submit to a breathalyzer test to measure your blood alcohol concentration (BAC).
Some drivers may think it is wise to decline to take the test, hoping to avoid incriminating themselves. However, Georgia’s “implied consent” law paints a different picture. Under this law, driving your car on Georgia roads means you agree to chemical testing if an officer suspects you of DUI. Refusing to take the test may come with automatic suspension of your license. This suspension is mandatory and takes effect even if you are not found guilty of DUI in court.
The consequences of refusing a breathalyzer
In addition to automatic license suspension, refusing a breathalyzer test in Georgia can also lead to other penalties. These include:
- Increased insurance rates: Insurance companies may view your refusal as an admission of guilt, leading to higher premiums or even policy cancelation.
- Criminal charges: Refusing a breath test does not protect you from DUI charges. Prosecutors may even use your refusal as evidence against you in court.
- Enhanced penalties for repeat offenses: If you have previous DUI convictions or breath test refusals, you might face longer license suspensions, higher fines, and increased jail time. The court may also require the installation of an ignition interlock device in your vehicle, adding further inconvenience and expense.
By understanding these potential consequences, you can make informed decisions and avoid the harsh repercussions of refusing a DUI breath test in Georgia.
Knowing your rights and options
While the consequences of refusing a breath test are severe, there are valid reasons why you might choose to do so. For instance, if you believe the officer lacks probable cause for the stop or if you have a medical condition that could affect the test results, refusing might be in your best interest.
If you find yourself in a DUI traffic stop, remember that you have the right to remain silent, as well as the right to consult with an attorney. By staying informed, you can make the best decision for this challenging situation.
