Under Georgia law, anyone who drives within Georgia’s borders is held to consent to a State (police) administered chemical test of his breath, blood, or urine for purposes of determining his blood alcohol content. This consent is called “implied” consent because it applies automatically when you operate a motor vehicle in Georgia.
You can refuse any and all breath, blood or urine tests but by refusing a number of bad things happen. First, your driver’s license will be suspended for one year. Secondly the fact of your refusal may be used by the State prosecutor as evidence of your guilt.
The DUIattorney.com web site has published the text of the “implied consent warning” that an arresting law enforcement officer in Georgia must read to all DUI suspects. There are different warnings for suspects under the age of 21, other adults and holders of commercial drivers’ licenses.
Here is the text of the warning issued to adult drivers over the age of 21:
Georgia law requires you to submit 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 the required 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 required 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 tests) under the implied consent law? Read more on What is “Implied Consent” Under Georgia Law?…
Filed under Arrest issues, Punishment issues by on Jul 1st, 2009. Comment. 
In previous blog posts, I have discussed the case of Troy Anthony Davis, a Savannah man convicted of murdering a police officer in 1989. Mr. Davis current sits on Georgia’s death row, while attorneys pursue all available remedies.
Davis’ current (and possibly final) appeal rests in the United States Supreme Court. On June 29, 2009, however, the Supreme Court concluded its 2008-2009 session without making any decision on Mr. Davis’ petition for habeas corpus. A petition for habeas corpus is a demand for extraordinary relief and is used in a criminal matter when a defendant contends that he has been denied due process by lower courts.
At this point, Mr. Davis is asking the Supreme Court to set into motion a process whereby he would end up with a new trial on the evidence. He contends, among other issues, that since the original trial the eyewitnesses to testified against him in the original trial have recanted, and that other witnesses, previously unknown, were now available to testify.
In addition the Georgia Resource Center, which provided legal help for Mr. Davis (as well as for other indigent defendants) found its budget and staff cut, thereby reducing its effectiveness in presenting Mr. Davis’ case.
Davis’ plight has also garnered the attention of activists and celebrities throughout the world who are voicing support for a new trial. Read more on Update on Troy Anthony Davis Case…
Filed under Georgia Courts, Punishment issues, Trial issues by on Jul 9th, 2009. 2 Comments.
