A Closer Look at the Implied Consent Notice in a Georgia DUI Arrest

Posted by Richard Lawson | Nov 05, 2018 | 0 Comments

Unless arrested for DUI, most people are unaware that officers are required to read the proper Georgia Implied Consent Notice before administering chemical sobriety tests.

Chemical sobriety tests include breath, blood, or urine tests. Unsurprisingly, the results from Georgia DUI Breath and Blood Tests are typically the strongest evidence that the prosecution has against you in a DUI case. 

That being said, there are three different Implied Consent Notices. These different Implied Consent Notices are based on the age of the driver and his or her driver's license status. This is because different legal limits exist for different drivers. 

If the tests test positive for being over the legal limit in Georgia, then a person will be arrested for DUI. The different legal limits in Georgia include:

  • .08 for Georgia drivers 21 and over,
  • .04 for commercial vehicle drivers,
  • And .02 for drivers under the age of 21.

The arresting officer must read the appropriate Georgia Implied Consent Notice for the accused driver. As you can see above, there are different levels of impairment. Each Georgia Implied Consent Notice must be read in its entirety. If the officer gives a partial or inaccurate reading of your implied consent rights, then that actually deprives you of your ability to make an informed decision.

It is true that a driver can refuse to submit to a chemical test. However, driving is considered a privilege in the state of Georgia. Again - driving is not a right. Therefore, if you refuse to submit to chemical testing, then the state of Georgia can place restrictions on your driving privilege.

If you refuse, then you are facing a hard suspension of your Georgia Driver's License that can last up to 12 months. This hard suspension means that you are not entitled to a limited driving permit. There are no exceptions.

Practice Note

As a Georgia DUI Attorney, I do my best to highlight just how complicated DUI Laws in Georgia can be. As a firm, we are dedicated to Georgia DUI Defense. That being said, there are many small legal details surrounding each individual case that can lead to DUI Defenses in Georgia.

If you or a loved one has been arrested for DUI in Georgia, contact our offices today.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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