If you’ve ever thought about refusing to take an Intoxilyzer test, you may want to think again. In Georgia, refusing a breath test is the same as failing one, and that could mean all of the consequence of a DUI arrest come crashing down around you, even if you didn’t have a single drop of alcohol.
Implied Consent Laws
Georgia DUI statutes have made it clear that drinking and driving will not be permitted under any circumstances, and a big part of that is the implied consent law. If an officer asks you to take an Intoxilyzer test, you must comply immediately. It’s part of the agreement you make with the state when you become a licensed driver. Choose not to comply and you could face an automatic license suspension, even before you’re convicted.
Two Tests – One Refusal
There are two different kinds of breath tests administered during DUI arrests. The arresting officer can ask you to take a portable roadside test. Those results cannot be used in court, though. He can also ask you to take an evidentiary test, which is typically performed at the police station. These results can be used in court. While you may or may not be asked to take the portable version, if you’re arrested on suspicion of DUI, you will certainly be required to take the test at the station, and you cannot refuse. Even if you blow into the portable version, if you refuse to blow into the one at the police station, you will have a refusal on your record and you cannot refuse to take the State’s test at the station unless you are willing to risk a 12-month suspension with no work permit.
Intoxilyzer Refusal Can Result in a Mandatory Blood Test
Georgia Police officers currently use the Intoxilyzer 9000. If you refuse to take an Intoxilyzer test, it is possible that police can obtain a warrant to take a blood or urine sample to prove that your blood alcohol level is over the legal limit. Once that warrant is obtained, you won’t have a choice in the matter. They can obtain the evidence thanks to the implied consent law.