Under the implied consent law, anyone who operates a motor vehicle has already given their consent to undergo blood and breath testing. Therefore, when a law enforcement officer prompts a driver to give a sample of their breath or blood for testing, by operating the vehicle the driver has already given their consent even though they may have not yet indicated it. This law is meant to facilitate the DUI stop process and emphasizes the responsibility placed on drivers to only operate under safe conditions. If an officer is given probable cause, any driver should be ready and willing to provide proof that they are not impaired, in the form of a blood or breath sample for testing. Although chemical testing does not always indicate impairment, they are among the more reliable avenues of determining it. Per implied consent laws, Georgia law requires drivers to submit to chemical testing which will determine of alcohol or drugs in the driver's system.

Despite implied consent laws indicating that all drivers must submit to such testing, they still have the option to refuse. However, there are consequences to doing so. Driving is treated as a privilege and not a right. For this reason, the state can revoke, restrict or suspend your driver's license as a penalty for refusing to submit to chemical testing. It is worth noting that such a restriction or suspension would only apply within the state of Georgia. An officer cannot lead an out-of-state driver's driving privileges would be affected in their home state or elsewhere in the United States. A refusal to submit to testing would only affect their ability to drive in the state of Georgia. 

If the driver submits to testing and does not refute their implied consent, the situation could go a number of ways. Contact your Alpharetta DUI Lawyer today for more information or any questions you may have regarding implied consent as this can be complex. Our Alpharetta DUI Attorneys are here to help.

For Drivers 21 or Over:

If their BAC is .08 or more: within 30 days of arrest, a maximum administrative license suspension of 1 year could apply, subject to appeal. Drivers may be able to get a limited driving permit and possibly be up for early reinstatement if they complete a Risk Reduction Course (DUI School.) Please note that this is an entirely separate process from answering to a DUI charge.

If their BAC is below .08: The driver will not be subject to administrative license suspension because they did not refuse testing and blew under the legal limit. Depending on the circumstances of the stop, they may still be charged with DUI which they would answer to in court. However, the prosecutor is apt to drop a charge is the BAC of the driver fell below .08.

If the driver refuses to submit to testing, they will face a “hard” 12-month license suspension. Many misconstrue the nature of a hard suspension, believing they will still be able to work around it in some way. This is not the case, as a hard suspension in entirely unyielding. No exceptions will be made under any circumstances, whether it be for work, school or medical care. In this case, your lawyer will attempt to formally withdraw your refusal. If your lawyer achieves a unilateral withdrawal of your refusal, the officer removes it and your licenses is restored. As an added benefit, you are not required to plead guilty in your DUI case and are freed from the stigma of a DUI conviction on your record. The other option to circumvent a hard suspension is offering a guilty plea in your DUI case. By entering a guilty plea, you will become eligible for a limited driving permit, assuming this your first DUI in 5 years.

The officer is obligated to read drivers an implied consent notice, however, these notices will differ depending on the type of driver involved. Drivers under 21, over 21, and commercial drivers license holders will be read variant notices.

Implied Consent Notice for Drivers 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 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 Drivers of Commercial Motor Vehicles:

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)?'

The implied consent law is complicated. With a legal defense from Roswell DUI Attorney Richard Lawson, you have the potential to win your case. Please contact our office today for your free consultation with a Roswell DUI Lawyer.