Georgia Implied Consent
Posted on 06. Dec, 2009 by Robert Horlick in DUI Tests, GA DUI Law, Implied Consent
In Georgia, anyone licensed to drive in the state has impliedly consented to some form of chemical testing of their breath, blood or urine if suspected of Driving Under the Influence (DUI). There are three types of Implied Consent notices officers may read in the State of Georgia… Each explains the potential consequences of a refusal to submit to this chemical testing of breath, blood or urine. It is important that the arresting officer read the driver charged with DUI the correct warning, otherwise this warning, and the tests administered as a result, may not be admissible in court.
The three (3) Implied Consent warnings in Georgia refer to Drivers Over 21, Drivers Under 21, and Commercial Driver’s License holders. After a driver has been arrested for Driving Under the Influence (DUI), the officer will read him or her an Implied Consent warning from an orange card.
By the time the implied consent warnings are read to many people charged with DUI, they are already under arrest. Many feel that they have already submitted to all the Field Sobriety Tests and questioning that the officer has asked of them, and have still been arrested, so “why should they comply with the officer’s request any more?”
While this is an understandable position, and drivers licensed in the State of Georgia do have the right to refuse this testing, they should be aware of the consequences of doing so. This is what the reading of the Implied Consent notice is meant to accomplish.
Drivers must be aware that, as unfair as it may seem, if they refuse to submit to such chemical testing after the proper Implied Consent warning has been read, the law imposes some harsh consequences. If a driver refuses such chemical testing, he or she will be face an administrative license suspension, separate from his or her criminal proceeding, and face a mandatory suspension of driving privileges for at least one (1) year as a result. In many cases, you have ONLY 10 DAYS to respond and request this hearing, or your license will be automatically suspended!
