Sobriety tests are mandatory in Georgia. You may refuse to take a sobriety test in Georgia, but if you refuse to take the test, you must be prepared for the potential consequences of your decision.
You Already Provided Implied Consent to Sobriety Tests
As a driver on Georgia roads, you have already provided your implied consent to submit to a chemical test for alcohol or drugs if you are lawfully arrested for driving under the influence, or you are involved in a serious crash that causes fatalities or significant injuries.
After your DUI arrest, the police officer should provide you with Georgia’s implied consent notice. This notice should inform you of the legal requirement to submit to testing, what happens if you refuse testing, and your right to request an independent sobriety test. After that, the police officer should ask you whether you will submit to the requested test.
Potential Consequences for Refusing to Take a Sobriety Test
Sobriety tests are set up for you to fail, and you cannot be compelled to provide the police with evidence against you. You may refuse to take a blood, urine, or breath test, but you should be aware of the potential consequences of your decision.
Your refusal can—and likely will—be used against you in court. The government may argue that you refused the test because you didn’t want the test to confirm that you were drunk or under the influence of drugs. Additionally, the Georgia Department of Driver Services (DDS) may suspend your license for one year for refusing to take a sobriety test.
How an Attorney Can Help You After a DUI Arrest
You may not be able to consult an attorney from the side of the road before you decide whether to take a sobriety test.
However, you do have the right to call me after a DUI arrest to help with your DUI defense. I have helped many other Georgia drivers fight DUI charges, and I would be happy to review your case and provide you with your legal options. Your case is unique, and I will fight hard to help you achieve the best possible legal outcome. Please contact me today to learn more.