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

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?

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Attorney answers 4


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


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.


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 your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation


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

The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.

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