Driving in Georgia means that one implicitly agrees to adhere to certain rules. One of these rules is implied consent. This means that, once a person drives a vehicle, the law assumes they give their consent to undergo any chemical tests, like breathalyzers or blood tests, if a law enforcement officer has grounds to believe they are driving under the influence (DUI) of alcohol or drugs.
There must be a probable cause and a notice
An officer must have probable cause to arrest someone for suspected DUI. This means that there must be reasonable evidence to believe they are impaired. This includes:
- Erratic driving
- Smell of alcohol
- Failed field sobriety tests
Before administering any chemical tests, the police officer must read to the driver the implied consent notice. This notice informs them of their obligation to undergo the test and explains the consequences of refusing, such as license suspension. The notice varies depending on one’s age and the type of vehicle they are driving, ensuring that they are fully aware of their rights and the implications of refusal.
You have the right to refuse testing – with consequences
Although the law assumes consent, one technically still has the right to refuse to take the chemical tests. However, this decision carries substantial consequences. Firstly, refusing a chemical test will result in an automatic suspension of a person’s driver’s license for up to one year. This is an administrative penalty, separate from any criminal charges related to DUI.
Law enforcement may also use a person’s refusal as evidence against them in court. They may argue that refusal indicates consciousness of guilt, potentially complicating the person’s defense.
Moreover, it’s important to note that the test does not prevent arrest. The arrest occurs based on probable cause, and refusal impacts the administrative process and legal proceedings that follow.
Make informed decisions
If you are facing DUI charges or issues with how authorities conducted your field sobriety or chemical tests, consulting with an attorney is important. They can help you understand your options and walk you through the legal process.
