In Georgia, when you're pulled over for suspected DUI (driving under the influence), it's important to understand your rights regarding field sobriety tests and breathalyzer tests. Many people are unaware that they have the option to refuse these tests, and doing so can play a crucial role in their defense strategy if they are later charged with DUI. This blog will explore your rights, the implications of refusing these tests, and how it can impact the likelihood of a conviction.
Understanding Field Sobriety Tests and Breathalyzer Tests
When law enforcement officers suspect a driver of being under the influence, they often ask the driver to perform field sobriety tests. These tests typically include a series of physical and mental tasks, such as walking in a straight line, standing on one leg, or following a pen with your eyes. The purpose of these tests is to give the officer a basis for determining whether or not the driver is impaired.
However, field sobriety tests are highly subjective. Various factors, including nervousness, fatigue, weather conditions, or even the officer's bias, can affect the outcome. These tests are not scientifically reliable and are often used as tools to gather evidence that can later be used against you in court.
In addition to field sobriety tests, officers may ask you to submit to a roadside breathalyzer test. This portable device is designed to estimate your blood alcohol concentration (BAC) by measuring the amount of alcohol in your breath. While it may seem like a straightforward test, breathalyzers can produce inaccurate results due to a range of factors, including improper calibration, certain medical conditions, or the presence of mouth alcohol.
Your Right to Refuse Field Sobriety and Breathalyzer Tests
In Georgia, drivers have the right to refuse both field sobriety tests and a roadside breathalyzer test. This right is crucial because it can help protect you from providing potentially unreliable evidence that could be used to justify an arrest and a subsequent DUI charge.
It's important to note that refusing these tests does not prevent an arrest. If the officer believes they have probable cause—based on your driving behavior, the smell of alcohol, or other observations—they can still arrest you for DUI. However, refusing the tests means the officer has less evidence to use against you in court, which can make it more challenging for the prosecution to secure a conviction.
The Implications of Refusing Testing
While you have the right to refuse field sobriety tests and a roadside breathalyzer, there are important implications to consider.
Field Sobriety Tests: Refusing to perform field sobriety tests typically carries no direct penalties. Since these tests are voluntary, you can politely decline to participate without facing immediate consequences, other than the possibility of being arrested based on the officer’s observations.
Roadside Breathalyzer: Refusing a roadside breathalyzer test is also within your rights, and there are generally no immediate legal penalties for doing so. However, the situation changes if the officer takes you to the police station for a more formal breath, blood, or urine test.
Implied Consent Law: Georgia’s implied consent law comes into play if you refuse a chemical test (breath, blood, or urine) after you’ve been arrested. By driving in Georgia, you’ve implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusing to take a chemical test at the station or hospital will result in an automatic suspension of your driver’s license for up to one year, regardless of the outcome of your DUI case. The arresting officer must inform you of this consequence at the time of your refusal.
How Refusal Can Impact a DUI Case
Refusing field sobriety tests and a roadside breathalyzer can be beneficial in preventing a conviction. Without the results of these tests, the prosecution’s case becomes weaker. The lack of field sobriety or breathalyzer evidence can create reasonable doubt, making it more difficult for the prosecution to prove beyond a reasonable doubt that you were impaired.
In court, your attorney can challenge the officer’s observations and the legality of the traffic stop itself. They can argue that, without concrete evidence of impairment, the charges should be reduced or dismissed. Furthermore, the absence of test results means that the prosecution cannot rely on potentially faulty or subjective evidence, which often forms the basis of a DUI conviction.
The Importance of Legal Representation
If you’ve been arrested for DUI in Metro-Atlanta, whether or not you refused testing, it’s essential to seek legal representation immediately. A knowledgeable DUI attorney can evaluate the specifics of your case, challenge the validity of the arrest, and work to minimize the impact on your life.
At Houston Washburn Law, we specialize in DUI defense and understand the complexities of Georgia’s DUI laws. We will work tirelessly to protect your rights and achieve the best possible outcome for your case. With offices in Lawrenceville and Alpharetta, we handle cases across Metro-Atlanta. Contact us today to discuss your situation and learn more about how we can help you navigate the legal process.