Do You Have to Take a Breathalyzer If You Pass a Field Sobriety Test?
If you’re pulled over in Georgia for suspected DUI, the officer may ask you to perform field sobriety tests before requesting a breathalyzer. Many people assume that passing the initial tests means they can’t be forced to take further tests, but that’s not always the case. Understanding your rights and the difference between field sobriety and breath testing is key to protecting yourself during a traffic stop.
What Are Field Sobriety Tests, and Are They Required in Savannah, Georgia?
Field sobriety tests are physical coordination and attention-based tasks used by police to gauge impairment. In Georgia, the three standardized tests approved by the National Highway Traffic Safety Administration (NHTSA) include:
- Horizontal Gaze Nystagmus (HGN): Tracks your eye movement for involuntary jerking.
- Walk-and-Turn: Involves walking heel-to-toe in a straight line, turning, and returning.
- One-Leg Stand: Requires you to balance on one leg while counting aloud.
These tests are voluntary in Georgia. You are not legally required to take them, and refusing does not carry automatic penalties. However, officers are not obligated to tell you this. If you do agree to the tests, your performance gives the officer additional observations that may be used to justify a DUI arrest.
Does Passing a Field Sobriety Test Mean You Can Refuse a Breathalyzer?
Even if you “pass” the field sobriety tests, that doesn’t prevent law enforcement from requesting a breath test. Police are trained to identify subtle indicators of impairment, and even minor missteps may lead them to continue investigating.
There are two types of breath tests commonly used in Georgia:
- Preliminary Breath Test (PBT): A handheld device used at the roadside before an arrest. This test is not admissible in court but can be used to support probable cause.
- Evidentiary Breath Test (EBT): Conducted after an arrest, usually at the station with the Intoxilyzer 9000. These results are admissible in court if conducted properly.
Passing a field sobriety test does not exempt you from taking these breath tests, especially the evidentiary test after an arrest.
What Is Georgia’s Implied Consent Law?
Under Georgia’s implied consent law, anyone who drives on state roads automatically agrees to chemical testing (breath, blood, or urine) after a lawful DUI arrest. If you refuse a post-arrest breathalyzer, you face steep administrative penalties regardless of whether you’re later convicted.
Your refusal triggers:
- A one-year driver’s license suspension for a first offense.
- Longer suspensions for repeat refusals.
- Ineligibility for a limited driving permit unless you install an ignition interlock device.
- A 30-day deadline to request an Administrative License Suspension (ALS) hearing.
It’s important to remember that implied consent applies after an arrest. You can legally refuse both field sobriety tests and a roadside PBT before you’re placed under arrest.
What Happens If You Refuse the Breath Test?
Refusing a post-arrest breathalyzer does not guarantee you’ll avoid charges, and in fact, it may hurt your case in some ways. The state can still prosecute you for DUI without a BAC reading by relying on officer observations, dashcam footage, and witness testimony. At the same time, your refusal can be used against you in administrative hearings and may limit your ability to challenge a license suspension.
Also, police may seek a warrant for a blood test if you refuse, especially if they suspect drugs or a high BAC.
What Are Your Rights During a DUI Stop in Savannah, Georgia?
During a DUI stop, you have important legal rights. You should always remain calm, cooperative, and aware of the following:
- You must provide your license, registration, and proof of insurance.
- You have the right to remain silent and avoid self-incriminating answers.
- You may refuse field sobriety tests and the roadside PBT.
- After arrest, you have the right to request an attorney and to challenge any license suspension through an ALS hearing.
Because timing is critical, speak to a lawyer as soon as possible if you’re arrested. Missing the 30-day deadline to request a hearing can result in an automatic license suspension, even if your charges are dismissed later.
Speak to a Savannah DUI Defense Lawyer at Kicklighter Law Right Away
If you’ve been arrested for DUI in Georgia, don’t assume you’re out of options. At Kicklighter Law, our Savannah DUI defense lawyers will review every detail of your case and fight to protect your rights, your license, and your future. Call 912-754-6003 or contact us online today to schedule a confidential consultation. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and throughout the surrounding areas.