2024 What Is Implied Consent in Georgia?

It’s understandable for state residents and tourists alike to wonder, “What is implied consent in Georgia?” since the legislature is constantly changing and can be difficult to parse if you’re unfamiliar with law specifics. If you’ve recently been arrested or charged with a DUI, take action quickly and seek qualified legal counsel.

DUI Laws in Georgia

State law prohibits all motorists from operating a vehicle while under the influence of alcohol or other substances, such as illicit drugs or misused prescriptions. The legal limit for alcohol consumption is a blood alcohol concentration (BAC) of 0.08% or above, meaning a BAC result of 0.08 or more automatically allows the officer to arrest and charge the driver. Drivers under 21 can be detained if their BAC is 0.02 % or higher.

However, Georgia law also recognizes a “DUI Less Safe” statute, which effectively means there is no true “legal limit” for driving while impaired by alcohol. Under this statute, drivers are allowed to be charged with a DUI and convicted, regardless of whether their BAC was technically within legal limits. For this to lawfully occur, there must be evidence that the motorist’s impacted ability to drive was determined to be a public safety hazard.

In addition to testing a driver’s BAC through a standard breathalyzer, Georgia also allows law enforcement to conduct further chemical tests, including bloodwork and urinalysis. In regards to instances of a driver being impaired by the use of drugs, the DUI Less Safe law only applies to cases where the driver was deemed unable to safely operate a vehicle due to intoxication from prescription medications they were lawfully entitled to use.

Understanding Implied Consent Laws in GA

The concept of “implied consent” is the legal assumption that by driving on Georgia roadways, you have implicitly agreed to willfully comply with the state’s traffic laws, which includes inherently giving your consent to BAC chemical testing. Some states require police officers to obtain a driver’s consent before subjecting them to any tests, which the driver may refuse and suffer little to no repercussions. This isn’t the case in Georgia, where consent is already implied.

When an officer suspects you of operating a vehicle while intoxicated, they must read you an “Implied Consent Notice” that summarizes the state legislature you are subject to before asking whether you submit to testing of your blood alcohol concentration.

There are three forms of the Implied Consent Notice card an officer might read from — one for suspects 21 or older, one for suspects under age 21, and another for operators of commercial motor vehicles, for which the legal BAC limit is 0.04%.

This notice communicates that a driver’s privilege to use the state’s highways is given under the condition that they must submit to a chemical test of their breath, blood, urine, or other bodily substances in order to determine whether they are under the influence of alcohol or drugs. The notice also warns the suspected party that a refusal to test will suspend their license for at least one year and that the refusal may be offered as evidence within a criminal trial.

Refusing a Chemical Test During a DUI Arrest

State law requires that a law enforcement officer must, at the time of suspecting a driver to be operating a motor vehicle while under the influence of alcohol or other substances, read the suspected party the appropriate Implied Consent Notice correctly and in a timely fashion.

If the officer improperly reads or makes a procedural error regarding the implied consent notice, it can be argued at trial that the driver was not properly informed of their rights, rendering any refusal or consent as not meaningful nor legally admissible.

In addition to refusing all chemical testing, a driver agreeing to a test other than the one indicated by the officer is also a refusal. For example, if the officer requests a breath test and the driver only submits for a blood test, this is an effective refusal.

FAQs

What Is the Meaning of Implied Consent?

Implied consent in the context of Georgia’s DUI legislature refers to the legal idea that by allowing registered drivers, including out-of-state motorists as well as residents, to use the state’s highways and roadways, each driver implicitly subjects themself to chemical tests for their blood alcohol concentration.

This means that the state grants driving privileges under the condition that drivers are assumed to consent to alcohol testing, and knowingly refusing to do so can result in certain actions against them.

What Is the Implied Consent Under 21 in Georgia?

Drivers under 21 are read an Implied Consent Notice by an officer if suspected of intoxicated driving. The notice informs drivers that they are subject to testing of their breath, blood, or urine in order to confirm the presence of alcohol or impairing drugs in their system and that the refusal to do so can be used against them in trial and will result in a license suspension of at least one year.

What Is the Implied Consent Unit in Georgia State Patrol?

The Implied Consent Unit is a section of the Georgia Bureau of Investigation that works with the Georgia State Patrol and is responsible for overseeing the state’s program for breath alcohol testing. This unit approves evidential and portable breath alcohol devices, trains and certifies operators of such breath testing devices, and other related duties.

Can You Refuse a Blood Test for DUI in Georgia?

You can refuse a blood test for suspicion of a DUI if you knowingly do so while understanding the consequences you subject yourself to by refusing. This means that within a lawful arrest, the officer promptly read the driver an Implied Consent Notice, informing them that refusing chemical testing results in a license suspension and can be used as evidence against them at trial.

Understand Your Rights, Hire a Skilled DUI Attorney

The Fleming Firm is prepared to handle all legal aspects of your DUI charges, such as administrative license suspension hearings and criminal trial proceedings, including if you have refused to submit to chemical testing. Contact our office today to schedule a meeting.