By: William C. Head, DUI attorney Atlanta and Board-Certified DUI Lawyer in Georgia

This new Georgia law became effective April 28, 2019, when Governor Brian Kemp signed the law. The three (3) newly written notices are substantially different from the prior implied consent law notices. For the first time in over a decade, the new version makes significant changes in the GA implied consent card. Those three notices all started with “Georgia law requires…”.

Most significantly, due to the Olevik and Elliott 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.

Elliott was a DUI refusal case, and Olevik was a DUI breathalyzer case. 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 lawyers near me: 404-567-5515.

Quick Answers For Five Common Questions Related to Implied Consent and License Suspension

If a driver blows into the device at the roadside, is that the official breathalyzer? NO. This is a non-evidential test, and is optional, voluntary and should not be taken.
What happens if I filed an appeal after the 30 days expired, but before the 45 days is over? TOO LATE, and your right to drive in Georgia is suspended for one year, starting the 46th day after arrest.

Does the officer always get to choose what test or tests he or she gets from the DUI suspect? YES. But every person who submits to the State-administered test is entitled to request and pay for their own independent testing.
Are the roadside field sobriety tests scientific? NO. Decline every type of test offered prior to cuffs being placed on your wrists.
What limited driving privileges are available after a DUI Refusal? ZERO, unless you win your appeal or can install the ignition interlock in accordance with OCGA 40-5-64.1.

Implied consent notice for suspects under age 21:

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. 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 blood or urine testing may be offered into 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 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. 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 blood or urine testing may be offered into 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 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. 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 blood or urine testing may be offered into 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)?