Do I Have to Take a Breathalyzer Test in Georgia?

If you are pulled over for driving under the influence, you may be wondering what rights you have. In order to determine whether you are intoxicated/how intoxicated you are, Georgia officers may administer a number of tests, including field sobriety tests and/or breathalyzer tests. Before taking any of these tests, it is important to understand your options. Read on to learn more about DUI stops in Georgia.

Do I Have to Take a Field Sobriety Test?

Field sobriety tests are administered in an attempt to determine a driver’s sobriety. In Georgia, the most common field sobriety tests include the Horizontal Gaze Nystagmus, the finger-to-nose test, the one-leg stand, walk-and-turn, and counting backward. It is important to know that in the state of Georgia, these tests are not mandatory- you can refuse to take a field sobriety test.

Do I Have to Take a Breathalyzer Test?

The right to refuse a breathalyzer test depends on the situation. You have the right to refuse a roadside breathalyzer test under Georgia law. But, refusing a roadside breathalyzer test will likely mean you will be taken to the police station. At a police station, you do not have the right to refuse an in-station breathalyzer. Everyone who has a Georgia driver’s license has given what’s called “implied consent.” This means that by obtaining a driver’s license you have agreed to submit to chemical tests. Violating implied consent may result in a one-year suspension of your driver’s license. Some people feel it is better to take an in-station breathalyzer test because it may be more accurate than roadside tests.

Every situation is different and it is best to speak with a criminal defense attorney regarding your unique circumstances.

Appealing a Conviction

If you have been convicted of a DUI, it is important to act fast. In Georgia, the law requires that you begin the appellate process within 30 days of your conviction.  This can be done by filing a motion for a new trial or a notice of appeal. You should reach out to an experienced criminal defense attorney who can walk you through the process and act as your advocate.

If you are facing charges for a DUI in Georiga, our firm is here to help. We will explore all possible avenues of defense and fight to have your charges reduced or dropped. Reach out today to speak with a skilled attorney.

Contact Our Experienced Firm

We at the Miller Law Practice understand that people make mistakes. We are here to fight for you throughout all of your criminal law matters. Do not hesitate to contact our firm today and speak with an experienced and dedicated criminal defense attorney.