Georgia Criminal Defense Lawyer Blog
By: Ex-Cop Turned Criminal Attorney Cory Yager and AVVO Superstar Criminal Lawyer Larry Kohn – Law Book Co-Authors With William C. Head
Understanding the Georgia Implied Consent Law is important for drivers arrested for DUI. This law on implied consent in GA applies to anyone driving a vehicle in Georgia, even if licensed in other states. Prosecutors know that forensic DUI test results are important in DUI cases, for the State to more easily obtain a conviction.
This law is administrative (civil) in nature but applied to the crime of impaired or drunk driving. If violated, your right to drive in this state will be suspended for a full year, unless you get legal help in seeking to avoid that harsh suspension. Dial us NOW: 404-567-5515 for a no-cost initial consultation.
Knowing your legal rights and obligations under Georgia laws is highly important. By knowing the law, this helps protect your driving privileges and legal status. For example, Georgia DUI laws allow a person who has taken the State’s post-arrest testing to request an independent test, and that independent test can be at that driver’s choice of type of test and location (e.g., at a local hospital for a blood draw).
Some helpful links to other implied consent law in Georgia pages on this website:
- Where to read the exact wording of the Georgia implied consent card is in subsection (b) of this linked statute.
- For how long would the suspension sideline me from driving? The person who refused testing would be suspended for a minimum of 12 months, unless he or she appeals and wins that administrative law suspension, or is eligible under OCGA 40-5-64.1 for opting to install and use a 12-month IID (ignition interlock device) in a timely manner (within 30 days atter the arrest date).
- What happens when reading the Georgia implied consent notice is delayed? In Perano v. State, 250 Ga. 704, 300 S.E.2d 668 (1983), the Georgia Supreme Court ruled that the reading cannot be delayed except for rare situations making the reading impractical. Decades later, cases like State v. Austell, 285 Ga. App. 18, 645 S.E.2d 550 (Ga. App. 2007) still have our courts ruling that delayed test results will be blocked from being used at trial.
- How long has the new implied consent Georgia notice been part of Georgia laws? That law was found in Georgia Laws of 1968, specifically at page 448. The statute was codified as Code Ann. §§ 68A-902.1 and 68B-306, but the now revised Georgia Code places that wording in OCGA 40-5-67.1.
- What recent Georgia Supreme Court case led to a Georgia implied consent 2019 law change? The Elliott v. State case, from February, 2019 is one of the landmark GA implied consent law changes in history.
What Is Implied Consent DUI in Georgia?
The statute requires drivers on Georgia’s roads and property to take chemical tests if they are suspected by a law enforcement officer to be driving under the influence (D.U.I.). These tests that the officer can request are for breath, blood, or urine tests.
Refusing to take these tests can have serious consequences. That refusal to allow testing starts a legal process that can suspend that driver’s license for one year, with no limited driving privileges. For certain repeat offenders, the loss of driving privileges can be even longer.
Law enforcement must inform you of your obligations through the implied consent notice after your arrest, except in certain accident cases when you need immediate medical care. When admissible, these test results from these post-arrest chemical tests can be used in court proceedings, unless excluded prior to the trial through pre-trial “motion” hearings.
Refusing a post-arrest test (in some cases) can make your DUI defense more difficult. This evidence of your refusal (which is usually captured on video) can also be used as evidence against you at trial, if that route is taken.
How Implied Consent Applies to Georgia Drivers
In Georgia, every motorist is subject to the state’s implied consent laws. By simply operating a vehicle, you automatically agree to undergo chemical testing if there is suspicion of driving under the influence (DUI). This consent is inherent and presumes your readiness to comply.
Put simply, this implies that law enforcement can request a test if they suspect an individual is impaired. The outcomes hold significant weight in legal contexts.
Key aspects of how implied consent impacts you include:
- Automatic consent to testing
- Applies to all drivers in Georgia
- Activated when DUI is suspected
As a driver, it is essential to understand these requirements. Non-compliance can result in severe legal repercussions.
The objective of these regulations is to enhance road safety. Implied consent is vital for driving rights and informed decisions during DUI stops, influencing DUI prosecutions through post-arrest tests.
Types of Chemical Tests: Breath, Blood, and Urine
When suspected of DUI, you may be asked to undergo chemical testing. These tests include breath, blood, or urine. Each has its specific purpose and method.
Non-evidential, optional, portable breath tests are commonly administered at the roadside. Guess what: OPTIONAL means you do NOT have to take this voluntary screening test. They are quick and non-invasive, requiring you to blow into a device. Police use breath tests to estimate blood alcohol content.
Blood tests are more precise but less common on the spot. They require a qualified professional to draw a sample. Blood tests offer accurate measurements of both alcohol and other substances. Urine tests are less frequently used in DUI cases. They are mainly for detecting drugs. This test can be performed at a police station or medical facility.
Here’s a simple summary:
- Breath tests: OPTIONAL, quick, offered at the roadside, but only measures alcohol. The official machine used in GA is the Intoxilyzer 9000, which is plugged into a wall outlet.
- Forensic blood tests: Accurate, measures multiple substances.
- Urine tests: Used to detect drugs but rarely utilized in the Peach State.
Understanding these tests can help in the event of a DUI stop. Knowing what to expect aids in making informed decisions. Always be aware of your rights and obligations under Georgia’s law.
What Happens If You Refuse the Post-Arrest Testing?
After being lawfully arrested for DUI, refusing to submit to chemical tests in Georgia carries significant consequences. These consequences impact both your immediate and long-term driving privileges. It’s crucial to understand the implications before deciding to refuse.
When you refuse testing, your driver’s license faces suspension. This suspension lasts for a minimum of one year. In some courtrooms, the refusal to take the implied consent test could result in harsher penalties than if you had failed the test.
A refusal can complicate your DUI defense strategy. In court, the act of refusal might be offered into evidence against you. This can influence the case outcome unfavorably.
Consider the immediate effect of a suspended license. Losing your driving privileges affects daily life significantly. It can impact your position at work, family responsibilities, and personal freedom.
Moreover, law enforcement will notify you of these outcomes through an implied consent notice. This document clearly outlines the consequences of refusal. Disregarding this notice can result in significant penalties.
Here’s what generally occurs if you decline a test:
- Immediate suspension of your license for a year, subject to taking quick action to protect limited driving privileges.
- Challenges in court, because that refusal can be used (in most cases) as evidence against you in a trial.
- Possibly have more severe penalties than testing and showing some level of alcohol.
Consider the possible legal ramifications before refusing. Being aware of these consequences aids in making informed decisions. Always consult legal counsel when faced with such choices.
License Suspension: How Long Will Your State License Be Suspended?
In Georgia, license suspension is a serious repercussion of the implied consent law. If you refuse to submit to a chemical test, anticipate a suspension. This suspension can last for at least one year without driving privileges.
The duration of your suspension depends on several factors. Refusal to test typically incurs the maximum suspension length. However, other aspects, like prior offenses, can extend this period.
A first refusal typically results in a one-year suspension. Subsequent refusals can lead to even longer suspensions. These penalties are designed to deter repeat offenses.
Losing your license can impact everyday life severely. It hampers commuting, affects job retention, and limits personal freedom. Therefore, understanding the implications of a suspended license is crucial before refusing any test.
Key points about license suspension include:
- First refusal: At least one-year suspension.
- Subsequent refusals: Possible longer suspensions.
- Impact: Severely affects daily life and responsibilities.
Make sure you’re informed about these penalties. They play a critical role in the decision-making process when facing a DUI stop. Always consider consulting a legal expert if facing license suspension.
How Test Results Are Used in DUI Cases
In DUI cases, the results of tests are crucial. They provide essential evidence that can significantly affect the case’s outcome. Whether derived from a breathalyzer, blood analysis, or urine examination, these results deliver scientific data to substantiate DUI allegations.
Test outcomes can verify the presence of alcohol or drugs, and this information is utilized to determine intoxication levels. The prosecutors frequently depend on these results to construct their argument against the driver.
Judges and juries regard these tests as objective proof. Unlike subjective assessments, test results are quantifiable and reproducible. This reliability can have a substantial impact on the resolution of a case.
Key points regarding test results in DUI cases include:
- Use as Evidence: Supports the prosecution’s arguments.
- Objectivity: Offers unbiased information.
- Impact on Outcome: Can determine the severity of legal consequences.
Overall, understanding how test results function within a legal context is crucial for preparing an effective DUI defense.
Defending Against a DUI Charge: Learn Your Options n a FREE Consultation
Facing a DUI charge can be scary, but you have options. The first step is to understand the charges and the evidence against you. An experienced attorney can help you navigate the legal process.
You might challenge the reason for the stop. Questioning if the officer had a good reason to pull you over could be a strong defense. It is also important to check how the chemical tests were given and if they were accurate.
Another option is to look at the implied consent notice. If the officer did not properly inform you of your rights, the evidence might be questioned. These defenses can help strengthen your case.
Possible DUI defense strategies include:
- Challenging the Stop: Was there a legitimate reason for using emergency lights or siren?
- Testing Accuracy: Were all procedures followed correctly?
- Implied Consent Notice: Was the warning properly and timely administered?
Each case is unique. Consulting with an award-winning DUI lawyer in GA will help tailor the best defense strategy for your situation. FREE lawyer consultations are available, so call now: 404-567-5515.