DUI and Implied Consent FAQ
The law can seem confusing for those not familiar with the specific language and terms used by law enforcement officials and attorneys. One of the most important concepts to understand is that of implied consent.
What is the implied consent law in Georgia?
While the majority of motorists in the state of Georgia drive their vehicles on state highways every day, many have no idea that in doing so, they have already given their consent to the chemical testing of their blood, breath, or urine. The Georgia Implied Consent law states that by driving on state highways and roads, any individual suspected of driving under the influence of alcohol and/or drugs has inferred and impliedly agreed to any chemical testing of their breath, blood, or urine. However, implied consent applies only following the arrest, a fact of which most motorists are unaware. Any and all testing done prior to an arrest being made is completely and totally voluntary. This includes roadside testing completed by police officers. Declining roadside field sobriety tests is completely lawful and often in your best interest. You are not required by law to consent to ANY testing prior to your arrest.
How does the implied consent law impact me if I’m suspected of DUI?
This statute’s consequences are limited to drunk driving cases. If you’re arrested for driving under the influence of alcohol and/or drugs, the official completing the arrest is required by Georgia law to read aloud a warning. This warning states that if the suspect is arrested and then refuses to consent to official state-administered testing of the breath, blood, or urine, it is possible (and often times likely) the accused can lose the privilege to drive by having their license suspended for up to a full year. Unlike someone who submitted to post-arrest testing, individuals who have a refusal on their DDS records are ineligible to obtain a DUI work permit, temporary license, or provisional license, according to Georgia law. This can be especially crippling if you depend on your driving capabilities for your job.
Can I avoid a license suspension? What is the 10-Day Warning?
If you have lost your license as a result of DUI charges, it is possible to get your license back. Following your arrest, law enforcement is required by Georgia DUI law to issue the form DDS-1205 to individuals who refuse state-administered testing or who submit and are over the legal limit of .08 grams within 3 hours of driving. This form explains the state’s legal right to automatically suspend your license after an immediate 30-day period. If your license has been taken because you’re suspected of driving while under the influence of alcohol and/or drugs, Georgia DUI law states that you have ten business days following the date of the incident to file an appeal with the Georgia Department of Driver Services (DDS). After this 10-day period, you will no longer be able to file an appeal of your pending license suspension, and you will automatically lose your license for a minimum of a full year.
At Dove Law Firm, we understand the grave impacts resulting from losing your license.
We know how important the legal right to drive is, and we understand the process of filing an appeal of your pending license suspension with the GA DDS. Along with the written proposal, there is a filing fee of $150 that must be paid. We can help you get your license back by requesting an Administrative License Suspension (ALS) appeal on your behalf. We understand the complex Georgia implied consent law and how it affects your case.
Georgia law requires law enforcement to immediately read aloud the implied consent law following the arrest of a motorist. Our attorneys know the requirements the implied consent law imposes on law enforcement and are experienced in DUI cases. They can determine if the officer recited the implied consent law incorrectly or failed to read the implied consent warning in its entirety, and they can use these facts to your advantage in court to have your pending license suspension removed from your GA DDS records. Our attorneys will use your license suspension hearing to keep your license and question the officer that arrested you, any completed field sobriety testing, and other details of your case. We can often use the officer’s statements at the administrative hearing to your case’s advantage. Don’t miss the 10-day window of opportunity to save your license and strengthen your case. Act quickly, and hire a veteran DUI attorney.
Call us today for a free consultation, or click here to submit information on your case for a free case review with our experienced criminal defense attorneys.
Our attorneys at Dove Law Firm have handled a great number of administrative license hearings in courts in various counties in Georgia, including Crisp, Turner, Cook, Irwin, Ben Hill, Worth, Wilcox, Jeff Davis, Coffee, Tift, Dooley, Atkinson, Colquitt, Berrien, and Dodge counties. At Dove Law Firm, we believe in the power of hiring representation with a local advantage, and we are extremely familiar with the Superior, Probate, State, and Magistrate courts across South Georgia and all over the state. We have built substantial relationships with the judges and individuals working in the courts within these areas.
If you would like to speak to an attorney at the Dove Law Firm about the specifics of your case, please fill out our online form or call us at 229.468.0832.
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We are proud to serve the counties of Irwin, Ben Hill, Crisp, Wilcox, Jeff Davis, Coffee, Tift, Dooly, Atkinson, Colquitt, Berrien, and Dodge. We are appreciative of the opportunity to serve the cities of Ocilla, Fitzgerald, Abbeville, Eastman, Hazelhurst, Tifton, Douglas, Moultrie, Nashville, Enigma, and Cordele.
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