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Implied Consent Law in GA: Three Warnings in OCGA 40-5-67.1

By: DUI Defense Lawyer William C. “Bubba” Head, Board-Certified in DUI Defense

In Georgia, police officers who arrest a motorist for DUI must immediately read the proper language of one of three Georgia implied consent law advisements to the detained driver.  Both the timing and the wording used by the officer during the reading of implied consent can help you beat a DUI in Georgia.

GA DUI Implied Consent License Suspension

The only way such legal grounds are discovered to help win your drunk driving case is thorough investigation and a comprehensive understanding of Georgia DUI laws. This requires a DUI lawyer near me who has proven success at beating DUI License Suspension Based on the Georgia Implied Consent law.

Ways to Beat a DUI in GA Based On Implied Consent Errors

If the officer fails to read the correct warning, or the full implied consent warning, or he or she makes any substantive errors in the verbal recitation of the language on the card, an Atlanta criminal defense attorney who is also an experienced DUI lawyer can file a motion to have your pending license suspension successfully rescinded (removed) from the Georgia Dept of Driver Services records.

William C. Head and the two law partners at his DUI law office near me have won over 1000 Georgia DUI cases based entirely on such “implied consent” legal attacks over his 45-year career. See Mr. Head’s more complete list of 10 Tips for Beating a DUI by winning the Georgia implied consent law part of your DUI in Georgia.

Atlanta DUI License Suspension Law Firm

But the only way to determine if this is an option in your DUI case is to speak with a DUI defense attorney who specializes in driving while intoxicated cases in Georgia. He and his two law partners deal with similar Georgia implied consent law issues daily.

Because he has authored the most widely read drunk driving defense lawyer book used by Georgia DUI lawyers and prosecutors (on Georgia DUI law) for over 25 years, William C. Head must stay abreast of all new developments in drunk driving defense. In 2021, all three partners in the firm are published co-authors in national legal publications.

The Wording of the 3 Georgia Implied Consent Law Warnings in O.C.G.A. 40-5-67.1

Below is the precise wording of the 3 official Georgia implied consent warnings found in OCGA 40-5-67.1 of Georgia DUI laws:

Implied consent notice for suspects under age 21: “The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission 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 blood or urine 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 requested 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. Will you submit to the state administered chemical tests of your (designate which test)?”

Implied consent notice for suspects age 21 or over: “The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission 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 blood or urine 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 requested 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. Will you submit to the state administered chemical tests of your (designate which test)?”

Implied consent notice for commercial vehicle driver suspects: “The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission 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, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate the presence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a commercial motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. After first submitting to the requested 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. Will you submit to the state administered chemical tests of your (designate which test)?”

If any such notice is used by a law enforcement officer to advise a person of his or her rights regarding the administration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section and under Code Section 40-6-392 and the results of any chemical test, or the refusal to submit to a test of such person’s blood or urine, shall be admitted into evidence against such person. Such notice shall be read in its entirety but need not be read exactly so long as the substance of the notice remains unchanged.

Why Hire an Expert DUI Attorney vs the Average DUI Lawyer

To our clients, WINNING is everything. We cannot handle EVERYONE’S case, and do not want to try. We want those clients who intend to keep a DUI off their criminal history.

If your DUI lawyer makes any errors, Georgia appellate court decisions have basically ruled that most decisions are “strategic” and that means that hiring a cheap DUI lawyer is YOUR PROBLEM. The Court system will not UNDO your license suspension based on implied consent in Georgia. What better reason to seek out the help of the veteran DUI attorney in Atlanta with the highest lawyer ratings?

To begin the license appeal process, please complete our online case evaluation form now for your FREE lawyer consultation. Call today at 404-567-5515 and receive a FREE consultation and a FREE PDF copy of Mr. Head’s national DUI book written expressly for clients facing DUI charges.

Call 45-year veteran Atlanta DUI attorney Bubba Head today and get honest answers to all your questions. Tell Bubba or his law partners everything that happened and everything you remember about your DUI arrest. Based on statistics in our office, the sooner you call us, the better chance of winning your Georgia DUI case.

You now only have 30 calendar days to file a license suspension appeal or opt for an ignition interlock device (for arrests made July 1, 2017 and after). Changes in Georgia implied consent law license suspension rules have made fighting a DUI in GA easier to accomplish, if your goal is to keep a DUI off your criminal record.

Failure to file a timely appeal before the 30-day deadline means that your Georgia driver’s license will be suspended for up to one full year! Talk to our DUI law firm near me, staffed by law partners Bubba Head, Larry Kohn, and Cory Yager now. We are available 24 hours a day, weekends, and all major holidays. (404) 567-5515

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