Understanding Georgia’s Implied Consent Law

When you get behind the wheel in Georgia, you give what is considered implied consent to a chemical test in the event you are stopped for DUI. This is a matter of public safety and is designed to help combat the very real risks associated with drunk driving. Better understanding the implications of Georgia’s implied consent law can help you better protect your rights in the face of a DUI charge. If this is the challenging situation you find yourself in, an experienced Cumming DUI defense attorney is standing by to help.

Your Implied Consent

Under the State of Georgia’s laws, you give implicit consent – or consent that isn’t expressly stated but is understood or implied – to being tested for alcohol or drugs when you drive. In other words, you agree to chemical testing, which means your breath, urine, or blood can be tested if you’ve been pulled over and the officer has probable cause for testing you.

It’s important to note, however, that – while you may be asked to take a preliminary breath test at the scene or to perform a field sobriety test – these do not qualify as the chemical tests that are addressed by Georgia’s implied consent law. They can, however, contribute to probable cause for employing chemical testing.

If You Refuse to Be Tested

If you refuse to take a chemical test that’s administered by the state when the police have established probable cause for requiring it, it can carry serious consequences that are separate from the legal penalties associated with a DUI conviction. For example, your driver’s license can be administratively suspended for up to a year. Additionally, your refusal can be used as evidence against you in your DUI case. 

Defending Yourself

While the implied consent law in Georgia is clear, this doesn’t mean there are no options when it comes to the matter of implied consent. There are potential defenses that could protect you from the negative consequences that generally attach to refusal when it comes to chemical testing or to incriminating results, including:

  • The officer didn’t have the probable cause necessary to proceed with testing.
  • The chemical test was administered improperly, or the testing device used was poorly maintained or calibrated.
  • You had a medical condition at the time that could have or may have skewed your test results.
  • Your sample wasn’t stored correctly.
  • The protocols for chain of custody regarding your sample were not upheld.

Your accomplished DUI defense lawyer will take the steps necessary to build a strong defense that supports your brightest future.

Discuss Your Case with an Experienced Cumming DUI Defense Lawyer Today

The capable Cumming DUI defense attorneys at Banks, Stubbs & McFarland unleash the full force of our considerable experience and insight in focused defense of our valued clients’ rights, and we’re here for you too. Your case is important, so please don’t delay reaching out and contacting us online or calling us at 770-887-1209 for more information about what we can do to help you today.