In Georgia, when you get your license from the Georgia Department of Driver Services (DDS), along with your privilege to drive comes specific requirements, many of which no one will ever tell you about. Just because you are unaware of a law, does not mean that you will not be expected to follow it.
This is the case with Georgia's implied consent law, which you are expected to follow. However, the law requires Georgia law enforcement to follow a certain protocol, and if they fail to do so, your DUI charge could be reduced or even dismissed.
The Implied Consent Warning: An Explanation
Implied consent means that you are assumed to consent to have your breath, blood, or urine tested when driving on Georgia roads. If you are arrested for a suspected DUI, Georgia law enforcement must read you a post-arrest warning under the implied consent law.
The warning for drivers age 21 and over states that:
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?
Georgia police officers are required to read this consent notice properly or the results of any subsequent DUI breath, blood, or urine test results or even a refusal to consent could be suppressed (or kept out of evidence) at trial.
Georgia's 30-Day Warning
If you refuse chemical testing, which you are allowed to do, your license will be automatically suspended for one year unless you file an appeal to protect your driving privileges. You only have 30 days to appeal the suspension of your driver's license.
If you fail to file your appeal or request an ignition interlock device within that time period, you lose your right to an appeal.
Consult a Fulton County DUI Attorney
If you have been arrested for DUI and were never read or were improperly read your implied consent warning your charges could be reduced or even dismissed. An experienced Fulton County DUI attorney knows the law and how to defend your case. Contact us today for a free consultation.