What is “Implied Consent” Under Georgia Law?

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?

You will note that the implied consent warning permits you to obtain and pay for your own test in addition to the test mandated by the State.   Not infrequently the results of the two tests can differ which may give us some leverage when it comes to preparing your case for trial or a plea.

Because there is a time element involved in obtaining your own test it is wise to contact a DUI lawyer in or near the county where you are arrested as soon as posssible.