Understanding DUI Arrests and Breath Tests in Georgia

When you have been pulled over and are suspected of DUI in Georgia, you could be asked to provide a sample of your breath - either before arrest (handheld), after arrest, or both. Misconceptions exist about what your rights are and what these types of tests are. Misunderstandings can lead to more problems, especially if you are facing DUI charges in Georgia.

At Owens Law, P.C., we believe in educating our clients on what happened to them and why.  We believe informed clients make better decisions about their DUI case and generally have less anxiety about their situation.  Call us at (678) 470-7638 as soon as possible to schedule an initial consultation.

What Are Breath Tests?

Police officers use breath tests in roadside testing and following arrests to help determine the amount of alcohol in an alleged impaired driver's system.  There are two different types of breath tests: the preliminary breath test (PBT) and the breathalyzer. Both "types" are often simply called "breath tests" by most people, and that's where the confusion comes in. By referring to both as breath tests, people assume they are the same thing, but they are not. Each is administered for different reasons and purposes.

Preliminary Breath Tests

A preliminary breath test (or PBT) is a breath alcohol test conducted using a portable breath machine on the side of the road during a traffic stop or DUI investigation. The PBT measures a person's breath alcohol content (BrAC) and gives the officer a numerical result.  However, that numerical result is inadmissible in court because the devices are not calibrated by the State and can therefore be unreliable.  Instead, the officer can only testify to whether the sample was positive or negative for alcohol.  

Breathalyzers

After an arrest for DUI, the arresting officer is supposed to inform you of your implied consent rights and ask for a blood, breath or urine test.  Officers usually ask for a blood test, but sometimes ask for a breath test on a breathalyzer at the police station or jail.  The breathalyzer is not a portable machine and produces results that are more accurate and can be admitted into court as evidence against you. Approved breathalyzer machines are subject to periodic calibration requirements established by state law.

Do I Have a Right to Refuse a Breath Test in Georgia?

Yes, you have a right under Georgia's Constitution to refuse a PBT roadside and a breathalyzer at the jail.  Both are completely voluntary and your refusal to submit to them cannot be used against you in your DUI case.  

Keep in mind, however, that refusing to submit to a breathalyzer can have significant consequences to your driver's license due to Implied Consent laws.

Implied Consent simply means that, when you choose to drive on the roadways of Georgia, you are implicitly agreeing to submit to chemical testing of your blood, breath, or urine at the request of law enforcement after you have been properly arrested for DUI in Georgia.  Thus, if you refuse to submit to chemical testing after a DUI arrest, the arresting officer is supposed to begin the process of administratively suspending your driver's license for a year independently of your actual DUI case.

If you refuse to submit to a breathalyzer, the police have the option of asking a judge for a search warrant to collect a blood sample for a test of your blood. Blood tests are much more reliable and accurate.

If you are arrested for DUI in Atlanta, Georgia, you should speak to a DUI defense attorney who, like Owens Law P.C., handles both administrative and criminal DUI cases. Administratively, you can appeal an administrative license suspension within thirty (30) days of your arrest and continue to drive while we address the underlying DUI charge in court.