In The State Of Georgia--Can A Bar Or Nightclub That Serves Alcohol Require That All Patrons Who Leave Submit To A Breathalyzer?

Asked almost 2 years ago - Grayson, GA

If the establishment has a breathalyzer vending machine, can they require all of their customers who are leaving the establishment to submit to a breathalyzer test to see whether or not they are fit enough to drive, and if not, can they require a cab be called for the customer?

Attorney answers (4)

  1. Noah Howard Pines

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . The bar is simply trying to protect itself from being sued in case a patron leaves intoxicated and gets into a car accident.

  2. Justin Spizman

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . I am not sure they can force you to do anything. However, it is in your best interest that they ensure you are safe to drive before leaving the establishment. IF you do not like that practice, perhaps try another bar.

  3. Robert M. Gardner Jr.

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . No. All they could do would be to call the police to warn them that you left and are intoxicated, which would be bad news for you, and bad business for them. Any attempt to force you to stay could result in charges against them, even though they may or may not be doing the "right thing". The best thing for you in that situation is to get them to call you a cab and, if they are being pushy, make them pay for it. It's the least they could do for charging you a 300% markup for getting you to that point.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base... more
  4. George F. Mccranie IV

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . I do NOT believe that you could be forced to pay for and take any vending machine breathalyzer test!!! If anything they could recommend it or say you should try it - But I am not aware of any law that allows a business to FORCE patrons to do ANYTHING!!! This may be suggested as a "good natured" attempt to keep their patrons safe. However, DO NOT RELY ON THE RESULTS OF A VENDING MACHINE BREATHALYZER!!! The official State Intox 5000 machines are not accurate and there is no way a VENDING MACHINE BREATHALYZER can give you an accurate reading!!! Basically, if you think you have had to much to drink - GET A FRIEND TO DRIVE YOU OR CALL A CAB!!!! I hope this information helps you.
    George McCranie IV www.mccranielawfirm.com

    The information provided in this response to a question is not legal advise and is provided only for general... more

Related Topics

DUI

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

Breathalyzer test for DUI

A breathalyzer is a type of DUI test that involves blowing into a device to test your blood alcohol content.

Jason Kristian Scott Porter

Refusing a Breathalyzer Test

Breathalyzers capture a persons breath, measure the breath alcohol content and convert to BAC. According to recent news reports, Four out of 10 drivers stopped for DUI in Florida refuse... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,271 answers this week

3,089 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,271 answers this week

3,089 attorneys answering