Not Answering an Implied Consent Test Request Can Have Negative Consequences

Man performing test with breathalizer machineIf an officer requests for you to submit to a state-administered chemical testing of your blood alcohol concentration (BAC) and you do not answer, the officer will assume that you are submitting.

If you simply do not answer yes or no to taking the implied consent test, an officer (in some states) may elect to take you to the breath test location, set up the machine to test you, and offer you the chance to blow. If you do blow, under these circumstances, the test will be deemed to have been consensual. However, if you get to the station and are asked to blow and you do not comply or start asking a lot of questions, the officer will likely default the test before it times out, and the note that you “refused to blow.”

Remember that in many states (like Georgia) you can only ask for an independent type of test from a physician or provider of your own choice after you submit to the State’s required test type. The type of test that you are to be given by the arresting officer is not your choice, after the police officer arrests you. Your right of independent testing — in Georgia and other jurisdictions —is only made available to you once you have complied with the officer’s implied consent testing.