A Misunderstood Georgia DUI Law, But Highly Important in a GA DUI Arrest
The Georgia implied consent law is an essential part of virtually every DUI arrest in Georgia. Yet, no one in any high school or college has ever been told the implied consent definition. It is an obscure law that has been in use for over 70 years in some states, and about 60 years in Georgia.
An implied consent law means that you are being told your legal “obligation” (“Georgia law requires you to submit…”) to INCRIMINATORY testing. The State officer (who already arrested you) wants to collect evidence that is to be used to possibly suspend your right to drive. Unstated in the implied consent notice is the fact that the results can also be used to convict you in a criminal court case.
The GA implied consent law is supposed to be read to an arrested person as soon as possible after custody occurs. Other states, like North Carolina wait until you are at jail, so that you can read the implied consent law wording, and not just hear it being read.
In a nutshell, the Georgia implied consent law states that (under Georgia DUI laws relating to driver’s license suspension) you are being asked (at the risk of losing all driving privileges if you REFUSE implied consent testing) to submit to forensic testing of your breath, blood, or urine, to see what your BAC level reveals.
Because this implied consent law advisement is given to you after your arrest for DUI “less safe,” many people facing a first DUI offense are inclined to say NO. This comes from a combination of issues, centered around the “unknown.”
Thoughts go from fear of the unknown, concern about being cuffed, worried about going to jail, fear of needles, not understanding the poorly-worded advisement, wondering why arrest took place when the person THOUGHT he or she had cooperated, and done what was asked.
Some people arrested for DUI immediately ask to talk to a Georgia DUI attorney, but are told “no” by the arresting officer.
While a person is arrested for DUI-DWI in other states (e.g., NC) he or she will be told when and where a drunk driving attorney can be contacted, the Georgia Supreme Court has ruled that NO CONTACT can be had with legal counsel in GA, before the person has incriminated himself or herself, either by submitting to the test or refusing the implied consent test. This DUI refusal can be used to suspend your driver’s license, and can be used as harmful evidence in a DUI criminal case.
The Georgia implied consent notice in Ga is part of a statute, OCGA 40-5-67.1. Law enforcement officers are authorized to read this “warning” to the arrested drunk driver, and the notice notifies you that a refusal to participate in the post-arrest testing will suspend your driver’s license for a full year.
This harsh loss of driving privileges, under the GA implied consent law, is among the toughest and in America. Effective July 1, 2017, a new implied consent ignition interlock device (IID) alternative has softened the GA DUI law, but the consequences of refusal to test are severe.
A new Georgia implied consent driver’s license law that was passed by the Georgia General Assembly went into effect July 1, 2017, wherein a driver facing this inflexible, total loss of driving privileges, now can opt for a one-year ignition interlock device being installed, and then drive on that interlock restricted permit.
The risks and pitfalls of accepting this alternative are severe, but trying to find a way to drive (especially with an Atlanta DUI) is essential to most working people.
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Some people foolishly try to self-assess their chances of winning the DUI in GA. The operable word here is “FOOLISHLY.” Just reading TRUE DUI case histories with: (1) BAC levels triple the alcohol legal limit, or (2) with a DUI refusal and failing all three NHTSA field sobriety tests, or (3) another drunk driving case report of a DUI checkpoint with a Intoxilyzer breath test double the legal alcohol limit, from two of our previous criminal trials will dissuade you from thinking that 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 the night before, and not on beating the criminal charges. Fear of the unknown can be a powerful enemy. Our DUI lawyer partners WELCOME comparing criminal attorney comparisons. For example, our law firm has three different law book authors, which is unique in Georgia and possibly in all of America.
A successful defense record for all Atlanta DUI attorneys in the law firm must include possessing the ability to neutralize field sobriety test evidence and finding ways to eliminate breath alcohol test results, especially where the “number” is in excess of the legal alcohol limit. Plus, know the LAW is critical, and this entails our DUI attorneys being 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 by 400%. Plus, a conviction for DUI-drugs has more devastating DUI penalties in Georgia that a DUI-alcohol case, due to more severe loss of driving privileges and other loss of entitlements (e.g., loss of the GA Hope Scholarship due to a “drugs” conviction).
Each DUI attorney in our law office possesses special training on debunking “drug recognition” officers’ training and roadside tests like the “modified Romberg test” and the less-extensive ARIDE protocols require that our criminal defense lawyers know how to challenge a GBI blood alcohol or drugs test. Each of our Atlanta lawyers are an INSTRUCTOR in the three NHTSA standardized field sobriety tests (SFST), which exceeds the training of most police officers making arrests for DUI in Georgia.
The best DUI lawyers in Atlanta, Georgia will offer you a FREE attorney 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 our DUI attorneys NOW, 24-7, for an initial criminal case review and to obtain FREE legal advice: 404-567-5515, or email our criminal justice lawyers.
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