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New Georgia law impacts DUI breathalyzer refusal cases

On Behalf of | May 3, 2019 | Dui |

When a driver in Cumming or anywhere in Georgia is stopped on suspicion of driving under the influence, it is possible that they will not be completely aware of the law and what they can and cannot do. There could be a misunderstanding of the details surrounding a requested breathalyzer test, a refusal, and the influence that decision might have on the case. Now, a new law has been passed that will have an impact on a DUI case.

In the past, law enforcement could tell a person who was stopped on suspicion of DUI that their decision to refuse to take part in a breathalyzer test might be used against them when the case goes to court. However, the governor signed a law that says officers can no longer do that. With this law, officers will have a different set of requirements as to what they will say to people who are under suspicion and are being investigated for a potential DUI.

The law passed the general assembly after it was determined by the state Supreme Court that ordering drivers to take a breathalyzer test violated the constitution and the driver’s right not to incriminate him or herself. Officers are still allowed to require drivers to have a urine test or a blood test to determine their blood-alcohol content. They can request that drivers take the breath test if they do so voluntarily.

The law can be confusing, especially in a stressful situation such as a driver being stopped by law enforcement to investigate a possible DUI. Failure to understand how certain laws and tactics can affect the case can lead to mistakes and worse charges. With this new law mandating that officers not tell the driver that failing to take part in a breathalyzer test can harm their case, it becomes even more important to have a strong legal defense. A law firm that understands this new law and other aspects of a DUI case can be essential to combat the charges.


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