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By: Atlanta Criminal Defense Attorney Bubba Head, who wrote the book “How to Beat a DUI”
Implied consent laws in Georgia were created by the Georgia Legislature to force drivers arrested for DUI in GA to either submit to post-arrest DUI testing (e.g., breathalyzer test) or lose the right to drive. Until the new change to implied consent laws in GA on July 1, 2017, the loss of driving privileges for a DUI refusal was highly punitive in denying ANY right to drive for a full year.
Such a license suspension was destructive to the average working citizen’s life. No license often translates into no job.
Of the hundreds of ways to beat a DUI, one of the most powerful ways is to take away breath alcohol test evidence gathered by police as part of the DUI investigation. Since implied consent Georgia laws are a huge aspect of all DUI GA arrests, the following list of 10 tips on using successful DUI defenses against implied consent evidence is an excellent and important topic.
These insightful points by Georgia’s Board-Certified, award-winning, best DUI attorney and book author on GA DUI laws are worth your time reading over.
Although the Georgia legislature (in the last 20 years) has significantly “watered down” ways for a DUI defense attorney to use implied consent flaws to beat a DUI under Georgia DUI laws, the best DUI lawyers still win the large majority of their drunk driving cases.
The primary change in implied consent law occurred in March of 1998 when lawmakers altered the law from strict construction to “good enough for government work” by excusing minor errors in the reading of the implied consent law. Then, in 2006, the Legislature added a provision permitting ANY officer in ANY DUI case to seek a judicial warrant for blood, if the person refused to take the test requested under Georgia implied consent law.
In the past 50 years, the following FLAWS in police officers’ compliance with GA implied consent law rules have resulted in the “chemical test” results (blood, breath, or urine) being excluded from the evidence used by the prosecutor at trial:
These 10 types of errors are just the tip of the iceberg. Many other variations of law enforcement errors can be made, resulting in an implied consent law violation in Georgia. This is why you need the best DUI attorney in Atlanta at your side so that your drunk driving defense lawyer can find a way to win your DUI case.
As you can see, knowing the “ins and outs” of implied consent law can be an important path to winning. Because the opportunity to appeal your license being suspended under Georgia implied consent law is so short (30 calendar days), you must act quickly by either requesting a GA DDS hearing or opting for the ignition interlock device (IID) for a full year.
Call us for a FREE case assessment, and DUI lawyer consultation. 404-567-5515.
Atlanta attorney William C. “Bubba” Head is a criminal defense attorney who is focused on alcohol and drug charges, as these relate to driving. He and his two law partners (Larry Kohn and Cory Yager) have handled countless administrative license hearings and DUI trials all over the State of Georgia.
Our in-depth knowledge of Georgia DUI laws has helped us save thousands of our client’s driving privileges.
His Atlanta DUI law firm can look into your implied consent appeal to uncover evidence that can help you keep your driver’s license. Whether your arrest is a DUI Atlanta arrest or in ANY OTHER Georgia location, our lawyers can help you.
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