Can you deny a breathalyzer

For example, there is evidence that gastroesophageal reflux disease GERD can result in higher-than-normal mouth-alcohol, potentially resulting in inaccurately high breathalyzer results. In addition, breathalyzer devices must be properly calibrated and used in order for the results to be accurate. If there is any evidence that the officer who administered your test did not properly calibrate the device or made any errors in the testing procedure, it may be possible to have the test results excluded from evidence.

Attorney Brent D. Bowen is a former prosecutor who is committed to helping protect the rights of people who have been accused of DUI and other crimes. To schedule a free case evaluation with Mr. We are ready to stand up for you during the criminal justice process.

Call - Can You Deny a Breathalyzer? If you take the test and it reveals you were drinking, police could charge you with:. Have you been charged with DUI? Fill out the form to the right or call and get your free consultation today. Please leave this field empty. Consent is not a requirement of purchase.

Click to call. Call Now When is a passenger required to submit to a breath test? These probation terms typically include a requirement that you will submit to an alcohol test when asked by an officer. If you do not, even as a passenger, you are breaking your probation and can face arrest and penalties. If you are under Anyone under the legal drinking age is required to submit to a breath test if suspected of any alcohol-related offense, which includes underage drinking as well as DUI.

The justices in the case concluded that breathalyzers were by their very nature self-incriminating. As such, a person was well within their rights to refuse and that refusal could not be held against them.

The bottom line is that people in Georgia can now refuse to a breathalyzer both prior to and following an arrest and they cannot be punished for doing so or have their refusal used against them in court. Of course, the state is not out of options should you refuse to take a breathalyzer because you could still lose your license for up to a year simply for refusing. Remember, driving is a privilege, not a right. And that privilege can be revoked for just about any reason the authorities deem appropriate.

Many are looking to the Georgia ruling as perhaps the beginning of the end for strong-arm tactics revolving around breathalyzers nationwide.

But whether the ruling turns out to be the beginning of the end for breathalyzers or a bump in the road that prompts new, harsher on-the-spot penalties for refusing remains to be seen. Legal Anchor. Photo depicting clinical tests sobriety state driver by a policeman. Download WordPress Themes. Premium WordPress Themes Download.

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