Should a Person Refuse the Breath Test

The most frequent question I get is should a person suspected of DUI in Georgia refuse the breath test. There is no correct answer to this question.  Generally I would not want a client provide additional evidence against themselves.  However, the problem is that many suspected DUI drivers could potentially pass the breath test.

Many people refuse because they have been told by peers or their parents to always refuse testing.  Anytime you add into the equation something to "always" do or not do, you are risking making an irrational decision.  No attorney wants his client to provide evidence to the State.  However, if you have not been drinking, or if your drinking was clearly done responsibly, Refusing the Georgia Breath Test is a bad decision.

The reason it's a bad decision is that you will likely pass the test.  Plus, refusal in Georgia carries additional license suspension consequences.  So, the better plan is to take the State's test and then ask for an independent test of your blood from a qualified person of your own choosing.  You have the right to an independent test only if you take the test the officer designates.  You cannot choose your test.  You have to take the officer's test first before you can get an independent test of your own choosing.

So, if you have been drinking responsibly, then consider taking the breath test and getting an independent test.  No advice applies in every situation. Use your head, and do not take the advice of people who mean well but are not trained in Georgia DUI Defense.