People generally have a right to avoid self-incrimination. Under the Fifth Amendment, the courts cannot compel people to testify if doing so might implicate them in a criminal matter. Additionally, people have the right to remain silent when interacting with law enforcement professionals, especially after officers arrest them.
However, many people don’t quite understand how to make use of those rights or what protections they have during traffic stops. For example, if police officers suspect motorists of driving under the influence (DUI) offenses, they may ask the drivers to perform field sobriety tests. They may also request chemical breath tests.
Can drivers refuse to submit to breath tests during a traffic stop?
Georgia has an implied consent law
There are a number of rules that apply during traffic stops. Some of those rules limit police authority. Other rules help protect the public by giving officers authority in certain circumstances. The implied consent law in Georgia states that licensed drivers have effectively already given their consent to chemical testing.
After police officers arrest drivers, they have an obligation to submit to chemical testing to validate claims that they might be under the influence. Many drivers do not want to submit to tests, as they worry that doing so might increase their risk of prosecution or a criminal conviction.
Under the implied consent law, drivers can decline pre-arrest testing requests. They have the right to refuse to perform field sobriety tests, for example. Once an officer has established the probable cause necessary to arrest a driver, then chemical testing is no longer optional. Police officers must advise drivers of the consequences should they refuse post-arrest testing.
While police officers cannot physically force a motorist to submit to a breath test, they can record their refusal. That refusal then results in additional consequences for the driver. There is an administrative license suspension that typically occurs after an arrest for a DUI offense. Drivers have 30 days after an arrest to respond or risk the state suspending their license because they failed a breath test.
In cases involving implied consent violations, the state can suspend the driver’s license for a year or sometimes even longer. Unlike certain other situations that result in the loss of a driver’s license, a breath test refusal typically leaves the driver ineligible for a hardship license.
Understanding the rules that apply in DUI cases can help people assert and protect themselves. The law does require submission to post-arrest breath tests, and drivers who understand that rule are in the best position to assert themselves during traffic stops.