Georgia Implied Consent Law

The ability to drive wherever we need to go is something that many Georgians take for granted. Unfortunately, if you violate Georgia’s Implied Consent law, your driving privileges may be taken away. Under the Implied Consent law, which you agreed to when you received your license, your driver’s license may be suspended if you do not submit to a chemical test after being stopped for driving under the influence (DUI). If you are facing a driver’s license suspension and DUI charges after refusing to take a breath, blood, or urine test, you should contact an experienced attorney as soon as possible.

Some drivers mistakenly believe that if they refuse to take a breathalyzer test, it will make it harder for the prosecution to prove that they were driving under the influence. However, the State sees refusing to take a chemical test as an admission of guilt. Other evidence may also be used to prove that the defendant’s driving was impaired. For example, in order to convince the jury that the defendant was driving drunk, the officer may testify that he or she exhibited impaired driving behavior, had slurred speech, or smelled of alcohol.

Field sobriety tests may also be used against the defendant. These tests, such as the walk-and-turn test and the one-leg stand test, are used to determine if there is probable cause for a DUI arrest. However, these tests are not always reliable and may be challenged by an experienced DUI defense.

After refusing to take a breathalyzer test, you have ten days within the date of your arrest to request an administrative license hearing. If you do not request a hearing during this timeframe, your license can be automatically suspended by the Georgia Department of Motor Vehicles. Please note that even if you are found not guilty in criminal court, or your charges are reduced, your license will still be suspended for a breath test refusal. You should hire a DUI attorney who is experienced with the administrative license hearing process to help you retain your driving privileges.

If you have been arrested for drunk driving after refusing to take a chemical test, speak with a DUI defense attorney right away. The Willis Law Office is more than happy to offer you a case evaluation and explain your rights.