Georgia Implied Consent
Posted by Robert Horlick in DUI Tests, GA DUI Law, Implied Consent on 06. Dec, 2009 | 0 Comments
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… (more…)
BAC – Blood Alcohol Content
Posted by Robert Horlick in Blood Alcohol Content (BAC), DUI Tests, Implied Consent, Urine/Blood Test on 03. Dec, 2009 | 0 Comments
In Georgia, a driver may be charged with Driving Under the Influence (DUI) either by driving or being in actual physical control of a moving vehicle while under the influence of alcohol and/or a controlled substance, to the extent that it is less safe for him or her to drive…or…per se, by driving or being in actual physical control of a motor vehicle with an alcohol concentration of 0.08 grams* or more any time within three (3) hours after driving from alcohol consumed before that driving ended (*This value is different if the driver is under 21 or driving a commercial vehicle at the time. See here and here for distinctions).
The chemical testing of a driver’s BAC (Blood Alcohol Content) is scientific, and therefore more reliable than the officer’s suspicions or subjective determinations of impairment based on the results of any Field Sobriety Tests (FSTs). However, to be admissible, the test must be administered properly, and as mentioned elsewhere on this site, many physical and environmental conditions such as acid reflux, electronic interference, or the presence of mouthwash or mints, for example, may cause these results to appear higher than they should.
The most common way that the police administer chemical tests of a driver’s BAC (blood alcohol content) is through a Breathalyzer exam. BAC may also be tested by way of blood or urine analysis, however.
For driver’s 21 and over, a BAC of 0.08 grams or more can support a charge of driving under the influence per se (and a driver with a BAC below 0.08 grams may still be charged as a “less safe” driver).
For driver’s under the age of 21, because of “zero tolerance” laws, a BAC of 0.02 grams or more can lead to a charge of driving under the influence. And for those driving commercial vehicles and suspected of driving under the influence, a BAC of 0.04 grams or more can support a charge of DUI.
By having a driver’s license in the State of Georgia, you impliedly consent to submitting to a test of your blood alcohol content upon request by law enforcement. This Implied Consent condition (discussed more thoroughly here) means that, while you may still choose not to submit to a test of your blood, breath or urine, your refusal will be prosecuted separately from your criminal case (in an administrative hearing, discussed more thoroughly here), and can result in the suspension of your license for a minimum of one (1) year.
