Implied Consent

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. 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 take the test or do not take the 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.

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.

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.

If you have been arrested for DUI because you failed to submit to a chemical test, immediately contact a DUI defense attorney to explain your rights. This is a serious criminal offense and the State makes a point to punish anyone who has not cooperated with Implied Consent.