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This new implied consent Georgia law became effective on April 28, 2019, when Governor Brian Kemp signed the law. In a nutshell, implied consent means a driver who is confronted by a law enforcement officer (usually due to a traffic violation) has already implicitly given her or his consent to be tested for impairing substances, but only if lawfully arrested first AND given a true and accurate implied consent advisement of the consequences and obligations under the new Georgia implied consent card.
The three (3) newly written notices (for implied consent law driving) are substantially different from the prior implied consent law notices. For the first time in over a decade, the new version makes significant changes to Georgia’s implied consent card. Those three notices all started with “Georgia law requires…”.
The new implied consent warning took out that incorrect language. In 2022, many officers are now requesting blood alcohol testing, which may run afoul of recent United States Supreme Court rulings from 2013 and 2017.
The cause of this rushed legislation was the Georgia Supreme Court decision in Elliott v. State. That landmark case held that a person’s refusal to use his or her body to “produce” post-arrest evidence violated the Georgia Constitution.
Now, all three implied consent advisements begin by stating:
“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.”
Implied consent law in Georgia means that an arrested DUI driver either complies with forensic testing (after an arrest for DUI in GA that was lawfully made) to obtain the quantification of your BAC level or drug content. This form of “legal coercion” is used in all 50 states and the District of Columbia.
What the GA implied consent law means. Motorists across Georgia drive their cars every day, unaware that under Georgia’s implied consent law the driver already implicitly agreed to submit to blood testing, breath testing, or urine testing if reasonably suspected of driving under the influence. This occurs simply by operating a car or truck on Georgia highways or streets when it was “less safe” to drive, due to impairment by alcohol or other substances.
This forensic evidence, if gathered, will be used against you by the Prosecutor, at trial in your court case, if not excluded by the efforts of your criminal defense attorneys. In every DUI arrest handled by our legal firm, implied consent issues are our “go-to” motion in limine or motion to suppress.
(a) Implied Consent Driving on Georgia’s roads. All motorists who use Georgia’s highways have given their implicit consent to submit to state-administered bodily substances (breath, blood, urine), and that a refusal to submit after a lawful arrest will face possible 12 months of total suspension to any operator of a motor vehicle who has refused to submit to a chemical test.
(b) The Georgia officer’s DUI-DWI arrest was based upon a sufficient amount of evidence to make that arrest in the first place, and
(c) If the GA implied consent card is read exactly right, and it is the April 2019 version, and
(d) The timing of the implied consent card reading is undertaken immediately after an arrest for drunk driving or drugged driving is effectuated, without being delayed, as revealed by the relevant facts of each case.
Once their Georgia driver’s license is taken, and a DDS 1205 Form is given to the DUI arrestee in replacement of the plastic license, Georgia implied consent law becomes the #1 topic of discussion by prospective clients. The quicker you call our DUI law firm, the MORE OPTIONS we can review with you, for saving your right to drive.
Call for a FREE lawyer consultation now, 24 hours a day, at 404-567-5515. The implied consent laws require drivers to act within 30 days or LOSE ALL APPEAL RIGHTS OR ABILITY TO TAKE THE INTERLOCK OPTION.
WARNING: You only have 30 days to ACT to either obtain an ignition interlock device limited permit OR file a traditional GA DDS appeal. The SOONER you call a drunk driving attorney at our office, the MORE options for protecting your right to drive will be available.
What is implied consent DUI law? The legal rules applicable to Georgia’s implied consent law is both complex and highly technical. Therefore, seeking expert legal advice from an experienced and knowledgeable DUI law firm in Georgia that is staffed by experienced and knowledgeable DUI lawyers is your first step.
Most significantly, due to the Elliott and Olevik cases, breath alcohol testing is sometimes not being offered by police in some jurisdictions. When breath testing is offered, and declined, many law enforcement agencies will apply for and receive an electronic search warrant for blood. This may be forcibly taken, under a judicial warrant.
In 2022, the Supreme Court of Georgia reversed a trial court’s ruling that an arrested DUI driver who was asked for a urine test (but refused) can go to trial, and the State cannot mention that he or she refused a urine test. That case, Awad v. State, 313 Ga. 99 (2022), now means that neither the refusal to take a DUI breath alcohol test or a urine test for drugs is admissible against the person arrested for DUI in Georgia.
Elliott was a DUI breath test refusal case, and Olevik was a DUI breathalyzer case. Thus, in the Olevik case, the appeal did not center on the same legal challenges as were made in Elliott.
For a summary of the DUI law holding of the Georgia Supreme Court in Elliott v. State, go to this related page for Bubba Head’s analysis and commentary. The relevant code section within which these advisements, under Georgia DUI laws, is OCGA 40-5-67.1 (b).
Remain silent and do not make any statement; contact a DUI attorney to discuss your DUI case ASAP. Our three DUI lawyers can be reached at 404-567-5515.
Implied consent notice for suspects under age 21:
The State of Georgia has conditioned your privilege to drive on 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 a blood or urine testing may be offered as 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 on 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 a blood or urine testing may be offered as 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 motor vehicle driver suspects:
The State of Georgia has conditioned your privilege to drive on 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 a blood or urine testing may be offered as 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)?
Our three award-winning Super Lawyers, Cory Yager, Larry Kohn, and William C. Head have accumulated over 30 annual lawyer rating recognitions between them. Plus, what other Georgia DUI attorneys are nationally published DUI law book co-authors, and all within the same legal practice firm?
If you call us RIGHT AWAY, the drunk driving attorneys at our Atlanta DUI law firm can investigate your DUI case, to uncover evidence that can help you keep your driver’s license. Delaying and staying depressed about the arrest will do nothing to help your legal issues. Quick action to protect your right to drive is the answer.
Click any of the links below to learn more about Georgia’s implied consent law and how it may affect your DUI case:
