Implied Consent for DUI Cases in Georgia

By driving in Georgia, you have implicitly given your consent to chemical testing. Refusing to submit to the testing can result in Georgia suspending your driving privileges. If you are an out of state resident, Georgia can only suspend your privilege to drive within this state. When arrested for DUI, the officer must read the appropriate Implied Consent Notice depending on your age or type of drivers license. A failure to read the notice or read the correct notice can lead to evidence being thrown out. If you have been arrested for DUI and have concerns about the implied consent notice, contact our Georgia DUI Lawyers today. Our attorneys have been exclusively practicing DUI defense for over 25 years and know exactly what your rights are and how to protect them. Call now for a free case evaluation.

Implied Consent Laws in Georgia

The requirement to submit to a chemical test when arrested for a DUI is not the same as the breathalyzer test. Breathalyzer tests are not required, and can offer inaccurate measures of your blood alcohol levels. However, after you are arrested for a DUI, the police officer will request that you submit to a chemical test of your blood, breath or urine. If you refuse, then your license will be administratively suspended for one year, and you will not be allowed to get a limited driving permit. Before submitting to the test, the officer is required to read the implied consent notice. The following are the different implied consent notices that the officer is required to read to you:

Implied Consent Notice for Suspects 21 or Over:

The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?

Implied Consent Notice for Suspects Under Age 21:

The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.02 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?

Implied Consent Notice for Drivers of Commercial Motor Vehicles:

The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate the presence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a commercial motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?

Refusal of Chemical Testing

Not only will refusing a chemical test result in an automatic suspension of your Georgia driver's license under the state's implied consent laws, but evidence of your refusal can be used against you later in prosecuting your criminal case. However, in some cases, if the police officer or state patrol officer improperly read the implied consent notice, then you have not been properly informed of your rights, and cannot meaningfully consent or refuse. An experienced DUI defense lawyer can review the proper implied consent instructions, and if there are any inconsistencies with what the police officer said, they may be able to use this information in your favor to have evidence thrown out.

The three types of chemical testing include tests of the driver's breath, blood or urine. The police officer has the choice of which test they want the driver to submit to, it is not up to the driver. If the police officer requests a blood test, but you say you will only submit a breath test, then that counts as a refusal of the chemical testing, and your license will be suspended.

Chemical tests are not always accurate, and may depend on how the sample is taken, handled, and tested, as well as if the chemical testing machine was calibrated properly, or the officer taking the sample is properly trained. Tainted or unreliable samples should not be used against you, and your attorney can fight to keep that evidence out of court to ensure you get fair treatment. An experienced Georgia DUI lawyer who is trained in field sobriety testing and chemical testing will be able to investigate your individual case, and find the holes in the prosecutions case to fight for you.

Contact Our Georgia DUI Lawyers Today

If you or a loved one has been arrested for DUI, a refusal to submit to the chemical test will result in a license suspension. However, there may be reasons why your refusal was justified. Contact our DUI Attorneys in Georgia today and find out how we can help in your case.