Can you refuse to take breathalyzer test? What Georgia law says about drivers’ rights
“Drive sober or get pulled over,” the National Highway Traffic Safety Administration warns.
The rhyming maxim is a reminder that driving under the influence of alcohol is illegal in all states and a costly violation often flagged by a breathalyzer test.
The devices measure a driver’s blood alcohol concentration, or the alcohol-to-blood ratio in their body. The legal limit is .08 for drivers 21 and over, but experts say the effects of alcohol can crop up at lower levels.
“Impairment can occur at BAC levels as low as .02, which is why a driver can be arrested with a BAC lower than .08 if a law enforcement officer has probable cause to believe the driver is impaired,” according to AAA.
So what if you’re stopped on suspicion of driving drunk in Georgia, but don’t want to take a breathalyzer?
Here’s what Georgia law says about chemical breath tests:
Can you refuse a breathalyzer test in Georgia?
The answer is yes — but be prepared to lose your driving privileges.
Under Georgia law, consent to “chemical tests of your blood, breath, urine, or other bodily substances” is implied if a driver is arrested on suspicion of driving drunk. They have the right to refuse, however.
“If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities refuses ... to submit to a chemical test designated by the law enforcement officer ... no test shall be given,” state Code 40-5-67.1 says.
Drivers who don’t submit to testing will have their license, permit or nonresident driving privileges suspended for at least a year, according to the law. Drivers of commercial vehicles also face a one-year suspension of their license.
Refusing a chemical test, breath or otherwise, can be used as evidence against a driver at trial, per state law.
How are breathalyzers given in Georgia?
Georgia law requires two “sequential breath samples” when testing a driver’s blood-alcohol level.
The readings can’t differ more than 0.020 grams, and the lower of the two readings will be used to determine if a driver’s BAC exceeds the legal limit, which is:
- .08 for drivers 21 and older
- .02 for drivers under 21
- .04 for commercial vehicle drivers
A driver’s breath sample is sufficient if the breathalyzer produces “a printed alcohol concentration analysis,” Georgia Code 40-6-392 says.
The law adds that drivers don’t have to give additional samples after an initial breath test. Their refusal can’t be used as a means to revoke their driving privileges, it says.
Lastly, drivers suspected of driving drunk can request additional chemical testing — at their own expense.
This story was originally published January 11, 2024 at 9:07 AM with the headline "Can you refuse to take breathalyzer test? What Georgia law says about drivers’ rights."