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Can You Refuse a Breathalyzer at a DUI Checkpoint in GA?

Our Atlanta DUI lawyers want you to be aware of your rights when it comes to refusing breathalyzer tests.

Getting a DUI in Georgia can have major impacts on every area of your life. The results of a breathalyzer can provide crucial evidence used in obtaining a conviction. Our Atlanta DUI lawyers want you to be aware of your right to refuse these and other sobriety tests.

You Have the Right to Refuse a Field Sobriety Test in Georgia

According to the Georgia Office of Highway Safety, in roughly half of all car accidents, alcohol is a major contributing factor. Police are dedicated to apprehending DUI offenders, and prosecutors diligently make charges stick. If you are pulled over under suspicion of DUI, it is important to know your rights, which include refusing roadside testing. Though it is good to know that refusing a breathalyzer can administrative license suspension. Our Georgia DUI lawyer generally advises clients to follow these steps:

  • Pull over as soon as safely possible if you see flashing lights behind you;
  • Keep your hands on the steering wheel as the officer approaches;
  • Comply with their request to provide your driver’s license, vehicle registration, and insurance information;
  • Assert your right to remain silent, and if you have any amount of alcohol in your system, refuse a field sobriety test or a breathalyzer.

Once You Get to the Police Station

A breathalyzer provides important evidence that can be used to obtain a DUI conviction in Georgia. It is generally in your best interest to refuse this or other roadside sobriety tests. However, be aware that this will likely result in you being taken to the local police station. Once there, you are required under the Georgia Code to submit to blood alcohol content (BAC) testing.

Under Section 40-6-391, implied consent laws apply to any person who operates a motor vehicle in the state. This means that in exchange for the privilege of driving, you are required by law to submit to alcohol testing in certain situations. Refusing a test at this point is considered a violation of this law, resulting in a one-year driver’s license suspicion. It will also likely not prevent officers from conducting BAC testing anyway.

However, waiting until you are at the station buys time. Even if your test comes back positive at this point, our legal team can take the following actions to defend you:

  • Disputing the circumstances surrounding your traffic stop;
  • Disputing the procedures that were followed during the stop and when you were taken to the station;
  • Disputing the results of your BAC test, the method used, and the way in which evidence was handled.

Contact Our Atlanta DUI Lawyers Immediately

DUI charges in Georgia can have major ramifications on your life, both now and in the future. To protect yourself against a DUI conviction, get Ghanayem & Rayasam on your side. To get the strong legal defense you need, call or contact us online immediately to request a consultation with our Atlanta DUI lawyers.