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Pursuant to code section 40-6-391, Georgia implied consent law requires drivers to comply with chemical tests of their urine, breath, and blood. The tests are done to determine if any traces of drugs and alcohol are in the blood if pulled over for DUI (driving under the influence).
What the Georgia Implied Consent Law Means
The implied consent law assumes that any person driving a motor vehicle in Georgia has consented in advance to a chemical test to determine if they’re driving under the influence of drugs or alcohol.
Before undertaking any chemical test, an officer is supposed to read you the implied consent notice.
Georgia’s Implied Consent Notices
The officer is supposed to read you the following implied consent notice depending on your age:
Under 21 years
Georgia State has allowed you to drive on its highways, provided that you will undertake a chemical test for your urine, blood, and breath to determine if you’re under the influence of drugs or alcohol.
If you refuse to undertake the test, your Georgia driver’s license will be suspended for one year at a minimum.
If the test results indicate the alcohol concentration is 0.02 grams or more, your Georgia driving license may be suspended for a minimum of one year. Additionally, after submitting the necessary tests to the state, you’re entitled to submit additional chemical tests at your own expense.
21 years and over
Georgia has given you the privilege to drive on its highways, provided that you will undertake a chemical test for your urine, blood, and breath to determine if you’re under the influence of drugs or alcohol.
Refusal to take the test leads to a driver’s suspension for one year. Additionally, if the alcohol concentration from the chemical test indicates 0.08 grams or more, your driving privilege in Georgia will be suspended for a one-year minimum.
After submitting the state tests, you’re entitled to submit supplementary chemical tests of your urine, blood, and breath at your own expense.
Commercial motor vehicle drivers
Georgia has given you the privilege to drive on its highways, provided that you will undertake a chemical test for your urine, blood, and breath to determine if you’re under the influence of drugs or alcohol.
Refusal to take the test will result in you being disqualified from operating any commercial vehicle for a minimum of one year.
If the test results indicate any traces of alcohol, you’ll get an out-of-service order which will prohibit you from operating any commercial vehicle for 24 hours. If the alcohol concentration after the test is 0.04 grams or more, you’ll get a one-year ban, and you will not be able to operate a commercial vehicle.
After submitting the state tests, you’re entitled to submit extra chemical tests of your urine, blood, and breath at your own expense.
A first DUI conviction attracts the following:
- $300 minimum fine
- A possible jail term of 1 to 10 days
- An average of 40 hours serving the community
- Suspension of your driver’s license
- DUI school
- Probation period of 12 months
- Substance abuse counseling
Contact Our DUI Attorney in LaGrange and Carrolton, Georgia
Georgia implied consent law can be complicated. Don’t be nervous if you’ve been arrested for DUI or feel your consent rights were violated. We at Moffitt Law, LLC will walk you through the legal process and build a strong defense to safeguard your rights.
Our expertise and experience works to your benefit in our handling of DUI cases in Carrollton, Columbus, and LaGrange. We devote our time to serving you on legal matters and getting results on your behalf. Contact us today and get a free DUI case evaluation.
Georgia Implied Consent FAQs
Can I consult with my attorney before taking the chemical test?
No. In Georgia, the law is apparent. A driver doesn’t have the right to consult an attorney prior to taking a chemical test.
Who selects the type of DUI test to undertake?
Under Code Section 40-6-392, the enforcement officer designates the kind of test to be performed. However, the tests should be carried out according to the law using designated methods and machines.
