Implied Consent DUI Lawyers

Georgia’s Implied Consent Law as defined now can depend on  how old you are. Over 21, or under 21.

If you are over 21:

Georgia law requires you to submit 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 the required 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 required 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.

Under 21:

Georgia law requires you to submit 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 the required 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 required 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.

Defense against Implied Consent:

Unless you were in an accident resulting in serious injury or other exigent circumstances exists, you must be placed under arrest for DUI Less Safe before the officer can read you the implied consent notice and request a State chemical test. Georgia courts have somewhat strictly construed the meaning of “time of arrest.” The officer should not wait until you have arrived at the police station or hospital to request testing, but certain exigent circumstances may excuse a delayed advisement of your implied consent rights.

The implied consent notice must be read in its entirety. If the officer gives an inaccurate or misleading advisement of your implied consent rights, he has deprived you of your ability to make an informed decision of whether to submit to chemical testing.

The choice of the type of test lies with the arresting officer and he can request multiple tests. But substantial compliance is critical and if the officer first requests only a breath test and subsequently requests a blood test he must re-read the implied consent notice to properly request the second test. If the officer requests one type of test and you state that you will only submit to a different type of test, your response will be deemed a refusal unless you agree to submit to the test requested by the officer.

If you do not answer the question or otherwise remain silent, your silence will be deemed a refusal to submit to testing. But if you did not understand the implied consent notice, or even if you were in an accident and rendered unconscious, you are deemed to have not withdrawn your consent. The same applies if you do not speak or understand English.

If you refuse to submit to chemical testing to determine whether you are under the influence of alcohol or drugs, your refusal creates an inference that the test would have shown the presence of alcohol, but the prosecuting attorney will still have to prove that you were impaired to the extent that you were less safe to drive.

The implied consent notice advises you of your right to an additional independent chemical test of your blood, breath, urine or other bodily substance at your expense and from qualified personnel of your own choosing after first submitting to the required State tests. The officer must make reasonable efforts to accommodate you in obtaining an independent test. You are not entitled to an independent test until after you have submitted to the State’s breath, blood, or urine test. That means that if you refuse to take the State’s chemical test, you will not be allowed to get an independent test.

Georgia’s Implied Consent has been challenge many times and maybe decided ultimately by the Georgia Supreme Court who has  laid the groundwork for a future ruling that could effectively nullify the statute that imposes automatic punishment on motorists who refuse to provide a blood sample or breath test upon demand.

This is why it’s so important to hire a Georgia DUI Attorney who can challange the validity of such a law. If you or someone you know has been arrested on a Georgia DUI and has the Implied Consent read to you, don’t loose hope and don’t think that you are automatically going to be convicted of a DUI. Contact the Howard Law Group ASAP so we can represent you and defend your rights.

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