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Georgia Implied Consent Law: Implied Consent Laws in GA

Implied Consent Georgia. If you are arrested in Georgia for drunk driving, will be asked to submit to a breathalyzer test or blood alcohol test to determine your alcohol content. If drugs, toxic vapors, or marijuana are suspected, a blood test will be the only type of forensic test that can quantitate impairing levels.

What does implied consent mean in driving? Implied consent means a driver is statutorily compelled to either submit to post-arrest testing or be at risk of a total loss of all driving privileges for one year. Those who say “yes” to the implied consent testing are then entitled to be accommodated to get one or more additional chemical tests from medical personnel of their own choosing.

The implied consent law means what for a minor? The same rules for acquiescing to post-arrest forensic testing applies, as does the 12-month hard suspension. However, if that person submits to testing and those results get admitted into court, a conviction is likely, since Georgia has a zero-tolerance law for drivers under age 21.

The implied consent law means what? According to the Georgia implied consent law, after a lawful DUI arrest, when the correct implied consent notice is read immediately after arrest, you can lose your driver’s license for 12 months if you refuse the implied consent test in Georgia.

implied consent law to the breathalyzer | Georgia Implied Consent Law+

Implied consent law in Georgia means that you either comply with forensic testing (after a lawful arrest for DUI in GA) or that the State of Georgia will fight to suspend your ability to driver for a full year. Implied consent laws were put in place in various states (e.g., New York) starting in the early 1950s, to allow for the quantification of your BAC level or drug content, for use by the Prosecutor in the courtroom.

Georgia Implied Consent Laws Mean That:

(a) Implied Consent Driving on Georgia’s roads. All drivers who use Georgia’s roadways have given implicit consent to 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 officer’s arrest was based upon sufficient evidence to make that arrest in the first place, and

(c) If the Georgia implied consent card is read precisely right, and the April 2019 version, and

(d) The timing of the reading is immediately after arrest is effectuated, without delay, under the relevant facts of each case.

What the GA implied consent law means. Motorists across Georgia drive their cars every day, unaware that under Georgia 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 obligation arises simply by operating a car or truck on our highways when it was “less safe” for that person to drive, due to impairment.

 

Georgia Implied Consent Law | Blood Test

Georgia Implied Consent Law and Keeping Your Driver’s License

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 near me, the MORE OPTIONS that our criminal attorneys can review with you, for saving your right to drive.

Why our Legal Team offers a FREE consultation lawyer for DUI near me. 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 OR INTERLOCK OPTIONS.

Implied Consent license suspension

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 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.

The Consequences of a Georgia Implied Consent Law Suspension

DON’T SCREW THIS UP, and possibly lose the right to drive by not following the rules for timely filing of the ALS license suspension appeal or opting for the interlock (for eligible Georgia licensees). Our Georgia DUI attorneys know ALL the legal errors in the police procedures for complying with the implied consent laws in Georgia.

Contact us for a FREE consultation with a seasoned DUI defense attorney IMMEDIATELY, for help in protecting your driver’s license from an administrative suspension in GA. Call today at 404-567-5515, 24 hours a day.

License Suspension after DUI arrest

This administrative driver license suspension “law” is part of the Georgia implied consent law which goes further to address additional issues, if the driver refuses post-arrest testing. The 3 different Georgia implied consent warnings are outlined in a statute – the Georgia Implied Consent law, O.C.G.A. 40-5-67.1(b).

Under this provision of Georgia DUI law, any person driving on Georgia highways who is suspected of driving under the influence of alcohol and/or drugs has “implied” (given) his or her consent to be tested by police, but only AFTER ARREST!

New Ignition Interlock Device Option Available July 1, 2017 (and After) to Most Georgia Licensees

A new option (for most Georgia licensees facing DUI in Georgia) is to elect to install an ignition interlock device (IID) on your vehicle and NOT file an appeal. The recently added statute for this is found at OCGA 40-5-64.1. The special GA DDS limited interlock permit allows full implied consent law driving privileges, for those first offense DUI drivers with Georgia licenses who qualify.

Impact of a Refusal to Submit to State-Administered chemical tests. Within 30 calendar days of your arrest, you must go to the Georgia DDS to apply for (AND INSTALL) an ignition interlock permit. For those who REFUSED the post-arrest testing, most of those Georgi licensees who are eligible for the permit, likely will need to take this option.

For those who took the State’s post-arrest, implied consent forensic test, our attorneys usually opt for the DDS GA appeal. However, drivers can opt for the interlock, and drive on an IID on one vehicle, for not less than 120 days IF you did take a breath, blood, or urine test.

 

How to Beat a DUI in Georgia Using Georgia Implied Consent Laws?

Although the Georgia legislature significantly “watered down” Georgia’s laws on implied consent in March of 1998, the general rule of law to interrogate whether a motorist can lose his or her right to drive in Georgia is “strictly construed” against the government.

Reading the implied consent card for a breath alcohol test requires the already-arrested person (who has no right to contact a DUI attorney for advice) to undergo “custodial interrogation” as defined by Paragraph 16 of the Georgia Constitution. READ MORE BELOW for several Georgia Supreme Court cases that have altered what types of post-arrest testing is suitable for DUI arrests].

Plus, new developments in GA implied consent case law, like Olevik v. State, Elliott v. State and Awad v. State, can prevent the use of a refusal to consent to a breath alcohol test, or a urine test, at the criminal DUI trial. On January 19, 2022, the Georgia Supreme Court ruled that a person’s refusal to submit to a urine test, as part of implied consent laws in Georgia, cannot be used as evidence in the criminal trial later. In Awad v. State, 313 Ga. 99 (2022), the Georgia high court overturned the lower court ruling, which had been affirmed by the Georgia Court of Appeals.

Read more information on our law firm’s Georgia implied consent definition page describing the importance of an aggressive DUI defense lawyer making GA implied consent law challenges.

In the past 50 years, the following FLAWS in police officers’ compliance with GA implied consent rules have resulted in the “chemical test” results (blood, breath, or urine) being excluded from the evidence used by the prosecutor at trial:

  1. Failing to read the card entirely;
  2. Delay in reading the card, instead of immediately after the DUI arrest;
  3. Not allowing the alleged drunk driver to change his or her mind, and take the test after first refusing the implied consent test;
  4. Not honoring the driver’s “refusal to be tested” and starting a urine test or a breath test anyway, and then obtaining test results by these methods without consent;
  5. Giving extraneous or incorrect additional information beyond the EXACT printed advertisement;
  6. Failing to accommodate an independent test request by the driver, after the accused drunken driver has taken the state’s test;
  7. The officer not taking the detained DUI suspect to his or her selected location for obtaining an independent test, even if that means the officer driving out of the county to accommodate a reasonable distance for that test;
  8. When evidence of the officer coerced the DUI detained driver into taking the test through words or conduct;
  9. Obtaining consent from a driver who is too impaired to give her or his consent; and
  10. Omitting or misstating “meaningful” key parts, phrases or portions of the statutory implied consent warning that are critical to the full understanding of the advertisement, in all material aspects.

This list of 10 types of errors is just the tip of the iceberg. Each arrest video provides our legal professionals to attack any variations made by the arresting officer.

Get accurate legal services during your FREE consultation from our Atlanta criminal defense attorneys, by calling 404-567-5515. Whether in-person, by phone call, or through a video-conferencing tool like Facetime, Go to Meeting, DUO or ZOOM.\

Our three Super Lawyers, Cory Yager, Larry Kohn, and William C. Head have amassed over 30 annual recognitions. Plus, hat other Georgia DUI lawyers are all nationally published DUI law book co-authors?

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.

Our criminal law attorneys near me can tell you about your THREE OPTIONS (if the caller is a GA licensee) for protecting your right to drive when facing an implied consent violation for a DUI refusal. Whether your arrest is a DUI Atlanta arrest or in ANY OTHER Georgia location, our lawyers can help you.

Our nearby criminal litigation attorneys are one of the handfuls of Georgia DUI lawyers who travel statewide, to defend accused citizens. Retain a DUI attorney near me with BubbaHead.com, for comprehensive, aggressive representation.

The best DUI lawyers in Atlanta, Georgia will offer you a FREE lawyer consultation, explain how their criminal defense attorneys review your DUI case facts, and implement a game plan for winning. Our three Georgia Super Lawyers aggressively represent clients accused of committing crimes through filing and arguing suppression motions.

Limit your search to a lawyer for DUI who has achieved legitimate legal industry excellence attorney ratings, and who possesses a track record of proven drunk driving defense results on knowing how to beat a DUI.

If our law firm has the RIGHT criminal defense attorney for you, ask our law office about our DUI attorney payment plans. Call today (404) 567-5515 to obtain FREE legal advice or email our criminal justice lawyers.

filing fee of $150 must accompany the written appeal. However, failure to file the appeal on or before the thirty (30) day deadline will result in an automatic license suspension, which takes effect on the 46th day after your initial arrest day.

This means that you could lose your driver’s license (or privilege to drive in Georgia if licensed by another state) for at least one year for any DUI administrative license suspension for “refusal” to acquiesce to the Georgia implied consent law. “Filed” means that you can obtain a hearing if you can prove a postmark or a certified mail letter stamped within the ten business days, or by physically delivering your payment to GA DDS headquarters. Talk to an experienced DUI LITIGATION lawyer, to know your BEST option, to keep driving.

The address of the Georgia Department of Driver Services is 2206 East View Parkway, Conyers, Georgia 30013. The phone number is 678-413-8400. The DDS Customer Contact Center is open Monday – Friday from 7:00 AM – 12:30 PM and from 1:00 PM – 5:15 PM. Tuesday is their busiest day. The regional license issuance offices of Georgia DDS are only open Tuesday through Friday, and half a day on Saturday (closing at NOON.

NEW IGNITION INTERLOCK OPTION AVAILABLE JULY 1, 2017:

DUI refusal ignition interlock device Georgia

A new option (for most Georgia licensees facing DUI in Georgia) is to elect to install an ignition interlock device on your vehicle and NOT file an appeal. Within 30 calendar days of your arrest, you must go to the Georgia DDS to apply for an ignition interlock permit. Then, within 10 days of getting the permit, you must have it installed.  The interlock must be on your car for at least 120 days IF you took a breath, blood, or urine test.

If you REFUSED chemical testing, the interlock must be on your vehicle for 12 months and cannot be removed for any reason, even if you win your case or it is reduced to another charge such as reckless driving.

The IID option is NOT available to drivers under 21 years of age, CDL license holders, or anyone with at least one DUI conviction in the past 5 years from ANY state. Only Georgia residents are eligible, and NOT out-of-state license holders. This fact is why ANYONE arrested for DUI in GA, and who has a non-resident driver’s license MUST CALL OUR LAW OFFICES immediately, to protect some special options for protecting your ability to drive in Georgia.

If you do nothing (don’t file an appeal or request an IID) within 30 calendar days, your Georgia license will be suspended for 120 days if you agreed to take a chemical test. You will also be eligible for a temporary restricted permit. If you REFUSED the chemical test, your driving privileges will be suspended for 12 months, and you won’t be eligible for a temporary restricted permit.

Georgia DUI Lawyers Who Specialize in DUI Defense Keep You Driving

Atlanta DUI Lawyer Near Me

Read more information on our law firm’s Georgia implied consent definition page describing the importance of an aggressive DUI defense lawyer making GA implied consent law challenges.

In the past 50 years, the following FLAWS in police officers’ compliance with GA implied consent rules have resulted in the “chemical test” results (blood, breath, or urine) being excluded from the evidence used by the prosecutor at trial:

  1. Failing to read the card entirely;
  2. Delay in reading the card, instead of immediately after the DUI arrest;
  3. Not allowing the alleged drunk driver to change his or her mind, and take the test after first refusing the implied consent test;
  4. Not honoring the driver’s “refusal to be tested” and starting a urine test or a breath test anyway, and then obtaining test results by these methods without consent;
  5. Giving extraneous or incorrect additional information beyond the EXACT printed advertisement;
  6. Failing to accommodate an independent test request by the driver, after the accused drunken driver has taken the state’s test;
  7. The officer not taking the detained DUI suspect to his or her selected location for obtaining an independent test, even if that means the officer driving out of the county to accommodate a reasonable distance for that test;
  8. When evidence of the officer coerced the DUI detained driver into taking the test through words or conduct;
  9. Obtaining consent from a driver who is too impaired to give her or his consent; and
  10. Omitting or misstating “meaningful” key parts, phrases or portions of the statutory implied consent warning that are critical to the full understanding of the advertisement, in all material aspects.

This list of 10 types of errors is just the tip of the iceberg. Each arrest video provides our legal professionals to attack any variations made by the arresting officer.

Get accurate legal services during your FREE consultation from our Atlanta criminal defense attorneys, by calling 404-567-5515. Whether in-person, by phone call, or through a video-conferencing tool like Facetime, Go to Meeting, DUO or ZOOM.

Our three Super Lawyers, Cory Yager, Larry Kohn, and William C. Head have amassed over 30 annual recognitions. Plus, hat other Georgia DUI lawyers are all nationally published DUI law book co-authors?

DUI law books authored by Bubba Head, Cory Yager, and Larry Kohn including advice on how to beat a DUI conviction.

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.

Our criminal law attorneys near me can tell you about your THREE OPTIONS (if the caller is a GA licensee) for protecting your right to drive when facing an implied consent violation for a DUI refusal. Whether your arrest is a DUI Atlanta arrest or in ANY OTHER Georgia location, our lawyers can help you.

Our nearby criminal litigation attorneys are one of the handfuls of Georgia DUI lawyers who travel statewide, to defend accused citizens. Retain a DUI attorney near me with BubbaHead.com, for comprehensive, aggressive representation.

This map of Georgia shows where our DUI lawyers near me will travel to represent you in a local court of law.

The best DUI lawyers in Atlanta, Georgia will offer you a FREE lawyer consultation, explain how their criminal defense attorneys review your DUI case facts, and implement a game plan for winning. Our three Georgia Super Lawyers aggressively represent clients accused of committing crimes through filing and arguing suppression motions.

Limit your search to a lawyer for DUI who has achieved legitimate legal industry excellence attorney ratings, and who possesses a track record of proven drunk driving defense results on knowing how to beat a DUI.

If our law firm has the RIGHT criminal defense attorney for you, ask our law office about our DUI attorney payment plans. Call today (404) 567-5515 to obtain FREE legal advice or email our criminal justice lawyers.

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