Georgia Criminal Defense Lawyer Blog
Understanding Georgia’s implied consent law is crucial for every driver—especially if you’re ever stopped or arrested for DUI. Your decision at a DUI stop directly impacts 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.
What Is Georgia’s Implied Consent Law?
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 on body cam video. At this moment, you must choose to either submit to, or refuse, chemical testing.
Field Sobriety Tests Vs Implied Consent Testing
It’s important to distinguish between two types of tests when it comes to Georgia DUI arrests:
- Field Sobriety Tests: These include roadside assessments like the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test. You are NOT required to perform these, and refusal carries no automatic driver’s license penalty—though an officer may still arrest you based on other evidence.
- Implied Consent Chemical Testing: After an arrest, officers may request a breath test, or less commonly, a blood or urine test. This is when implied consent law applies, and your answer can lead to major legal consequences.
What Happens When Implied Consent Applies?
If you’re arrested for DUI in Georgia, here’s what you can expect next: Officers must read the implied consent notice immediately after arrest—not at the station later. This notice alerts you to your rights and the possible penalties if you refuse a test. You will be asked for a breath, blood, or urine sample, typically starting with a breath test at the jail.
Refusing to submit will trigger a driver’s license suspension for at least one year—with NO limited permit allowed. For most refusals, police can seek a warrant to obtain a blood or urine test using reasonable force if needed. Whether you consent or refuse, your actions will be recorded on body cam, which can later become crucial evidence if your attorney discovers errors or failed procedures.
Refusing a Breath, Blood, or Urine Test: What’s at Stake?
Refusing an implied consent test comes with stiff consequences:
- Automatic license suspension: Minimum one year with no eligibility for a hardship permit.
- Separate ALS penalty: Apart from your criminal DUI case, your license is at risk administratively.
- Refusal as evidence: If you refuse a blood or urine test, prosecutors can present this as evidence of guilt at your trial. Due to the 2019 Elliott decision, refusal of a breath test can no longer be used as evidence against you in court.
- Warranted blood draw: If you refuse, officers may obtain a search warrant requiring a blood or urine sample, especially when drugs are suspected.
You have 30 days to appeal your license suspension by requesting an Administrative License Suspension (ALS) hearing. Don’t miss this deadline.
The Implied Consent Notice: What You Will Hear
Georgia’s implied consent notice (OCGA §40-5-67.1) is a standardized script. While the wording slightly changes for adults, drivers under 21, or commercial CDL 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.
Frequently Asked Questions About Georgia Implied Consent
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 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 fight a suspension?
You have just 30 days post-arrest to formally appeal (via ALS hearing request) or install an ignition interlock device (if eligible in your case).
Key Takeaways About Implied Consent and DUI Arrests in Georgia
Understand these critical points about Georgia’s implied consent law:
- By driving in Georgia, you agree to provide a breath, blood, or urine sample after DUI arrest if requested.
- Chemical test refusal triggers a one-year driver’s license suspension with no limited permit.
- Field sobriety tests are voluntary and refusal does not directly suspend your license.
- Since 2019, refusal of breath tests cannot be used against you in criminal court, but blood/urine refusals still can.
- Police must read the implied consent notice exactly as written, and errors can be grounds for legal challenge.
- You have 30 days after your arrest to request an ALS hearing and fight to keep your license.
Why You Need an Experienced Georgia DUI Lawyer
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 now for a free consultation to protect your rights, your license, and your future. (404) 567-5515. Every case has options, and hope starts with the right advice.
Work, school, errands – all of these daily responsibilities require the use of a vehicle. And because we hop in our cars anytime we need to get around, we don’t stop to think that driving is a privilege, not a right. This is especially important when it comes to Georgia’s Implied Consent Law.
Under this DUI law, you as a Georgia licensed driver are consenting to submit to a chemical test if you are stopped for driving under the influence of drugs and/or alcohol. If you refuse, you can face harsh consequences including losing the right to drive.
Also, every DUI case requires that the officer read the implied consent warning (see below for a copy). This implied consent warning is given to you once you are under arrest for DUI or have been told you are under arrest for DUI. This warning tells you what is going to happen if you do not take the breath test in Georgia. That implied consent warning is strictly construed against the state, meaning if an error is made, the state will pay for that and we can win your case.
Whatever the circumstances are surrounding your DUI case, you should contact an experienced Georgia DUI defense lawyer. Even if you refused to take a blood, breath or urine test, your lawyer may be able to have the charges against you reduced or even dropped. And you will want someone on your side when you realize that violating the Implied Consent Law can mean heavy fines, insurance coverage problems and losing your driver’s license.
Consequences of Georgia DUI Refusals
For some drivers who refuse to take a blood, breath or urine test, their goal is to make it more difficult for the State to prove they have been driving under the influence of a substance. However, the State views refusal as an admission of guilt and imposes penalties. There are also other ways that police can try to test your sobriety. For example, if they observed erratic driving behavior, smelled alcohol on your breath or noticed strange behavior they may suspect you of drinking and driving.
Police also give drivers field sobriety tests as a way to prove their suspicions. These physical demonstrations seek to test a person’s skills on how they should normally behave if they are not intoxicated or on drugs. However, field sobriety tests have their own set of problems and are not always reliable themselves. It is also important to note here that chemical tests are not always reliable either.
Difference Between Implied Consent and Miranda Warnings
Many people are so distressed about the fact that they are being arrested that they are not listening to what the officer says, when he says, “I’m going to read you something though so listen up.” Those are your Implied Consent Warnings. They are not Miranda Warnings.
They have to do with what happens if you do not take the test. If you have an Implied Consent issue we can throw out any breath test or blood test you gave the police. Come to us as soon as possible so we can look into the video or other evidence that would show that you did not get your Implied Consent Warnings. That can block any test result.
Call Larry Kohn or Cory Yager For Immediate Help
If you have been arrested for DUI because you failed to submit to a chemical test, immediately call DUI defense attorney Larry Kohn or Cory Yager to get the truth about how serious a drunk driving charge is, and how Larry or Cory plan to attack the police evidence, and work with the state prosecutor on a possible reduction to a lesser charge. This is a serious criminal offense and the State makes a point to punish anyone who has not cooperated with implied consent. You have options but you must let us get involved now. The longer you wait the less chance you have at a more favorable outcome.