A Misunderstood Georgia DUI Law, But Highly Important in a GA DUI Arrest
The Georgia implied consent law is an essential part of every DUI arrest in Georgia. Yet, police have never taken the time to explain the implied consent definition. It is an obscure law that has been in use in some states for over 70 years, and about 60 years in Georgia. An implied consent law means police inform you of your legal “obligation” (“Georgia law requires you to submit…”) to take INCRIMINATING tests of your blood, breath or urine. The arresting officer wants to collect evidence to suspend your right to drive. Urine , blood, or breath results can convict you in a criminal case. Police conveniently leave this out of the implied consent notice.
Police have to read the GA implied consent law as soon as possible after the arrestee is in custody. Other states like North Carolina wait until you are in jail, so you can read, and not just hear the implied consent law.
In a nutshell, Georgia implied consent law states you are being asked to submit to testing of your breath, blood, or urine. If you REFUSE implied consent testing, you risk losing all driving privileges and getting a Georgia driver’s license suspension.
Yes, you can . Many people facing a first DUI offense want to say “NO” because police give the implied consent law advisement after your arrest for DUI “less safe.” This fear comes from a mixture of unknowns. People fear being cuffed, going to jail, and they are afraid needles. Also, people think they will not be placed under arrest for cooperating with police by taking these BAC tests.
Some people arrested for DUI ask to talk to a Georgia DUI attorney immediately, but the arresting officer tells them “no.” While police make DUI-DWI arrests in other states (e.g., NC) the officer will tell the driver when and where they can contact a drunk driving attorney. The Georgia Supreme Court ruled the arrestee can have NO CONTACT with legal counsel before submitting to or refusing the implied consent warning. The court can use this DUI refusal to suspend your driver’s license and is harmful evidence in a DUI case.
The Georgia implied consent notice is part of statute OCGA 40-5-67.1. Police must read this “warning” to the arrested drunk driver immediately following arrest. The notice states a refusal to submit will suspend your driver’s license for a full year. The harsh loss of driving privileges makes the GA implied consent law among the toughest in America. Effective July 1, 2017, an alternative softened the GA DUI law, but the consequences are still severe for refusing to submit to the state test. A new Georgia implied consent driver’s license law went into effect July 1, 2017. The new law allows people to install an ignition interlock device (IID) alternative and drive with an interlock device permit.
Before this new law, a driver faced a total loss of driving privileges. The risk of accepting the interlock alternative is severe, but it is one worth taking. Driving (especially with an Atlanta DUI) is essential to a working person.
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Some people try to self-assess their chances of winning their GA DUI case. They often read DUI case histories with: (1) BAC levels triple the alcohol legal limit, DUI refusal and failure of all three NHTSA field sobriety tests, or (3) a case report of a DUI checkpoint with a Intoxilyzer breath test double the legal alcohol limit.
Reading these cases will make you think you have no chance to beat a DUI in court. After being arrested for DUI in GA, some people are so depressed that they dwell on their mistake and not on beating the criminal charges. Fear of the unknown can be a powerful enemy. Our DUI lawyer partners WELCOME criminal attorney comparisons. For example, our law firm has three different law book authors, which is unique in Georgia and possibly all of America. A successful defense record for all Atlanta DUI attorneys in the law firm includes possessing the ability to neutralize field sobriety test evidence and find ways to eliminate breath alcohol test results – especially where the “number” is above the legal alcohol limit.
Knowing the LAW is critical, and this means our DUI attorneys have to be familiar with every prior appellate decision on Georgia DUI laws and especially the Georgia implied consent law. Drugged driving cases have grown by 100% in the last 15 years. Sleep driving DUI cases, after taking prescribed medications for insomnia or pain management, are up 400%. A conviction for DUI-drugs has harsher DUI penalties in Georgia than a DUI-alcohol case, because of the harsher loss of driving privileges and other entitlements (e.g., loss of the GA Hope Scholarship due to a “drugs” conviction).
Protocols require our criminal defense lawyers to know how to challenge a GBI blood alcohol or drugs test. All of our Atlanta lawyers are INSTRUCTORS in the three NHTSA standardized field sobriety tests (SFST, exceeding the training of most police officers making Georgia DUI arrests.)
The best DUI lawyers in Atlanta, Georgia will offer you a FREE attorney consultation. In your consultation we will review your DUI case facts and implement a winning game plan.
Our three Georgia Super Lawyers aggressively represent clients accused of crimes through filing and arguing suppression motions. Limit your search to a DUI lawyer who has legitimate legal industry excellence attorney ratings, possesses a proven drunk driving defense track record, and knows 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 our DUI attorneys NOW, 24-7, for an initial criminal case review and obtain FREE legal advice: 404-567-5515, or email our criminal justice lawyers.
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