Understanding Georgia's implied consent law is crucial for every driver—especially if you are ever stopped or arrested for DUI. Your decisions at a DUI stop directly impact your driving privileges, your criminal case, and your future. This guide covers everything you need to know to protect yourself and help you or your loved one move forward.
Implied consent means that by driving on Georgia’s roads, you are giving advance permission for law enforcement to test your blood, breath, or urine if you are lawfully arrested for DUI. This isn’t a “gotcha” tactic: it’s written into the law, and officers are required to notify you of these rights and consequences at the time of your arrest.
When police have probable cause to arrest you for DUI of alcohol or drugs, they must read you the Georgia implied consent notice—a standard warning, often read and recorded on body cam video. At this moment, you must choose to either submit to, or refuse, chemical testing.
It’s important to distinguish between two types of tests when it comes to Georgia DUI arrests:
If you’re arrested for DUI in Georgia, here’s what you can expect next:
Whether you consent or refuse, your actions will be recorded on body cam, which can later become crucial evidence if your attorney discovers arrest errors or failed police procedures.
In Georgia DUI cases, field sobriety tests are voluntary and carry no automatic license penalties if refused, while implied consent chemical testing—such as breath, blood, or urine tests—comes with serious consequences for refusal, including a minimum one-year license suspension with no hardship permit, possible use of refusal as trial evidence (except for breath tests, per the 2019 Elliott decision), and the possibility of a court-ordered blood draw.
Officers must read an implied consent notice immediately after arrest, and individuals have only 30 days to appeal a suspension by requesting an ALS hearing. Don’t miss this deadline.
Georgia’s implied consent notice (OCGA §40-5-67.1) is a standardized script. While the wording slightly changes for adults, minors, or commercial drivers, a typical warning includes:
"Georgia law requires you to submit to state-administered chemical testing... If you refuse, your driver's license will be suspended for a minimum period of one year. The officer may seek a search warrant to obtain a blood sample..."
If the officer fails to read this notice, or misstates it, your attorney may be able to suppress test results or license penalties.
Q: Is refusal of a field sobriety test the same as refusing implied consent?
A: No. You may refuse roadside field sobriety tests with no immediate license penalty. Implied consent applies after a formal DUI arrest for chemical testing.
Q: Should I take the test or refuse?
A: The right answer depends on your circumstances. Refusing protects you from a potentially high BAC reading but triggers a hard license suspension, and refusal of blood/urine is admissible at trial.
Q: If I refuse, can I still legally drive?
A: Not without winning your ALS hearing or a full acquittal—no limited permits are allowed after a chemical test refusal.
Q: What is the new law on breath test refusal in Georgia?
A: Since 2019, refusal to provide a breath test cannot be used as evidence of guilt at trial, but you still lose your license unless you successfully appeal.
Q: What happens if the officer reads the wrong warning, or not at all?
A: Any mistake in delivering the implied consent notice may allow a defense attorney to suppress the test results and possibly prevent a license suspension.
Q: How long do I have to challenge a license suspension?
A: You have just 30 days post-arrest to formally appeal (via ALS hearing request), or you can install an ignition interlock device (if eligible in your case).
If you've faced a DUI arrest or are dealing with an implied consent violation, you need quick action and a knowledgeable defense. Our team has decades of experience fighting improper implied consent warnings, challenging unlawful stops, and helping drivers restore their licenses and reputations. We analyze body cam footage, scrutinize police procedures, and use every available legal tool for your defense.
Call (404) 567-5515 now for a free consultation to protect your rights, your license, and your future. Every case has options, and hope starts with the right advice.