When you get pulled over by law enforcement for any reason in Georgia, it is a good idea to understand your rights. You do not want to do anything that could make the situation worse or get you into serious legal trouble. This is especially true when law enforcement pulls you over for suspected drunk driving. One common concern in this situation is whether you have to take a breathalyzer test when the officer requests it.
According to U.S. News and World Report, you can refuse to take a breath test, but there may be consequences. Mainly, you will likely lose your license. When you get your license, as in most other states, you automatically agree to consent to such a test or you forfeit your right to hold a driver’s license. So, expect a suspension to come quickly after your refusal. You also will likely be under arrest ad have to go to jail until you bond out.
However, refusing the test will not have a negative impact when you go to court. That is because the state Supreme Court ruled that prosecutors cannot use your refusal against you in court. Using it is a form of self-incrimination, which goes against the rights afforded to you by the state constitution.
Due to this ruling, the state is likely to make changes to the DUI laws in the near future. So, this may change so that it can be used in court against you. For now, though, it cannot. This information is for education and is not legal advice.