Suspected of DUI? Take a Breath — or Don’t

Ever hear of a Breathalyzer test? This is a portable machine used by police officers in Georgia to check drivers for suspected impairment. If one is pulled over and tested and it comes back with a positive result, a DUI charge is likely to follow.

There is a lot of confusion about Breathalyzer tests. Other than wanting to understand how these machines work, people often want to know if they have to give a breath sample if asked to by a law enforcement officer. The answer to this question is yes and no. Make sense?

Technically, when a person obtains a driver’s license, he or she agrees to implied consent laws. This means that, if asked to perform any form of impairment testing, one agrees to comply. The truth is, though, it is okay — and actually an individual’s right — to refuse. In many cases, refusing is actually the wisest choice.

Refusing to give a breath sample is an action that does usually have consequences attached to it, however. Not only will a driver likely be charged with DUI, he or she is also likely to face administrative consequences — such as an automatic license suspension. Failing to provide a breath sample is often thought to be an admission of guilt, but this is far from the truth. It is just a person exercising his or her rights. No matter how bad the situation may seem, an experienced criminal defense attorney can assist Georgia residents, who are facing DUI charges, in pursuing the legal actions necessary to help them resolve their cases swiftly, and in seeking to achieve the best outcomes possible under the circumstances.

Source: FindLaw, “Can I Refuse a Breathalyzer Test?“, Accessed on Sept. 18, 2017

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