Can You Refuse a Breath Test?

If you are pulled over for a suspected DUI in Georgia, it can be nerve-wracking to talk to a police officer. You are faced with a person in uniform, who is investigating you for a crime. And anything you say could incriminate you. But can you refuse a breath test? Here a few steps to remember when you’re pulled over.


Steps to Remember When You’re Pulled Over

  1. Take a deep breath. This is the time to remember how crucial this conversation can be. It will determine if you will be investigated further during the stop. Anything you say or do could incriminate you. So, before you do anything, take a moment to think through what you will do.
  2. Be polite. Getting pulled over can be tense, but your best course of action is to remain calm and polite. Being belligerent can only hurt your cause when interacting with law enforcement.
  3. Be truthful. But, be tight lipped. It is never a good idea to lie or deny drinking in front of an officer. But admitting it can be used as evidence against you. While circumstances will always vary, the best answer is something like: “I do not have anything to say about that matter.”
  4. Remember that you can refuse a breath test. Because of a 2019 Supreme Court Ruling, refusal of a breathalyzer test can no longer be used against you in court. But, your driver’s license can still be suspended for a year. The decision to refuse will depend on your specific situation.

No matter what you say, if the officer sees signs of intoxication, such as slurred speech or bloodshot eyes, he or she can still arrest you for a DUI. And once that has happened, your best course of action is to contact an experienced DUI lawyer who can help you with your case.


Can you refuse a breath test? - steps to remember from Ashley Schiavone.What happens after a DUI arrest? Call Ashley Schiavone

If you are arrested for DUI in Georgia, contact an experienced DUI attorney as soon as possible. Ashley Schiavone can take a look at your case and see if there are ways your charges can be reduced or if it is a case that can be tried in court.

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