A police officer pulls you over in Georgia. The officer says that they think you are impaired and they ask you if you have had anything to drink. Maybe they say they smell alcohol on your breath or that you made mistakes while you were driving. They want to give you a breath test.
However, you are not sure if you want to take a breath test. Do you have to do so because the officer is asking, or do you have the right to refuse? What is your obligation during the traffic stop?
Implied consent laws
It is a bit of a tricky subject because yes, technically, you do have the right to refuse. You can’t be forced or compelled to take a breath test. You can simply inform the officer that you are not going to do so.
However, all drivers in Georgia agree to implied consent laws when they receive their driver’s license. Essentially, you have already consented to the test that you are now refusing.
Because of this violation of the implied consent laws, even if you are not convicted on DUI charges, you are still going to see your license suspended for the next year. This happens merely for refusing, and it is an automatic suspension.
That said, a DUI conviction would also lead to a license suspension, along with other issues, such as the potential for jail time or fines. Exactly what you decide to do will have an impact on your future, and it can help to work with an experienced defense team at this time.