As a driver in the state of Georgia, there are certain rules that are implied as a result of operating a motor vehicle on the highways of the state. These rules are referred to as implied consent.
Here’s what you should know about Georgia’s implied consent law:
What Implied Consent Means
Implied Consent is a statutory provision providing that any person operating a motor vehicle in the state of Georgia is deemed to have consented to a chemical test of their blood, breath, or urine to determine whether they are under the influence of drugs and alcohol. Essentially, the State of Georgia has made a submission to chemical testing a condition of operating a motor vehicle within the state.
However, it is important to note there is no requirement that a person submits to any form of chemical testing for an arbitrary reason. The requirements of the implied consent statute only apply AFTER a person is arrested for driving under the influence (DUI) of drugs or alcohol.
Implied Consent Notice
If you are arrested for DUI, the arresting law enforcement officer should read you Georgia’s “implied consent notice” as soon as possible after the arrest. The intention of the notice is to inform you of the following:
- The requirement to submit to testing;
- The penalties you may face for refusing; and
- The right to ask for an independent test.
You should then be asked whether you will submit to the chemical test assigned by the officer.
If the arresting officer fails to read you the implied consent notice, your test results may be inadmissible in court. Additionally, the Georgia Department of Driver Services (DDS) will be unable to suspend your license.
It is important to keep in mind that a properly read implied consent notice doesn’t inevitably mean that the test results will be admissible in court. In order for your test results to be admissible in court, you must voluntarily give consent to a chemical sobriety test. All circumstances of your situation (including the implied consent notice) will be evaluated to determine if you agreed to the test(s) voluntarily and without the use of threats or coercion. If a court finds that you submitted to the chemical test as a result of an officer’s threat or promise, the test results can be excluded from evidence.
If your implied consent rights have been violated or if you feel that your submission to a chemical test was coerced by an officer’s threat, our team is here to help. We have helped many others clear their names of charges and we may be able to help you, too.