Georgia DUI Probable Cause
Blood-alcohol content (BAC) tests (blood, urine, and breath tests) and standardized field sobriety tests fall under ‘implied consent laws.’ When a person applies for a driver’s license, the forms include a statement that you will comply with certain requirements if asked by the police. Your signature means that you agree to cooperate with police when asked to do so.
Implied consent laws include:
- Producing a driver’s license and proof of insurance when asked
- Consenting to blood, urine, or breath tests to determine your blood-alcohol content if requested.
- Performing field sobriety tests if requested.
While you can refuse to take any chemical test or to cooperate when asked to perform standardized field sobriety tests, you can still be arrested for DUI based on ‘probable cause.’ The officer has probable cause to arrest you if you were driving recklessly, driving without a license (if you cannot produce one), or one of many other reasons. You would then be taken to a detention center or health facility for a blood or urine test.
Loss of driving privileges is usually of shorter duration for a driver failing a chemical test than for refusing to consent to testing in the first instance.
Probable cause is a legal way for an officer to arrest a driver whom they believe to be unsafe to be operating a vehicle. This is an important loophole in the law because there are many situations where a driver who does not cooperate with police might be a very real danger to other drivers on the roads.
For instance, a driver is acting erratically, but passes the breath test. He or she could be under the influence of a drug that does not register any change in the breath test results. In such a situation, it is vital that the police officer be able to detain the driver on probable cause so that no member of the public is threatened by this person being behind the wheel of a car.
Contact DUI Lawyer Frank Gomez today for a free assessment of your case.
