By operating a motor vehicle, it is implied that a driver will consent to give a sample of blood or breath if probable cause is present is present and they are prompted by law enforcement. This is a measure of public safety. It stems from the notion that someone getting behind the wheel of a motorized vehicle must be sober in order to safely operate it, therefore they need to be willing to prove their sobriety if suspicion arises that they may not be sober while operating it. The testing of one's blood, breath or urine is meant to check for the presence of drugs or alcohol in the driver's system. Although the driver's consent to these tests is implied/previously established, they may still deny them. However, there are repercussions of doing so because driving is viewed as a privilege and not a fundamental, protected right. Therefore, if the driver does not consent, certain restrictions will be placed on their license and driving privileges. The arresting officer must make the driver aware of the consequences of not consenting to blood and breath tests.

The state of Georgia only has the authority to restrict your driving privilege within that state. If you carry an out of state license and do not consent to chemical testing during a DUI stop in Georgia, your driving privilege will only be affected in Georgia. The officer cannot lead you to believe that your driving privileges at large are in jeopardy if you fail to consent. They must make clear that your driving privileges are only in jeopardy in the state of Georgia, should you not consent. If you need more information or clarification, please contact a Hall County DUI Lawyer today. 

Consenting To Blood, Breath or Urine Testing:

If you consent and your blood alcohol content (BAC) is found to be .08 or above, your license will be suspended for 1 year at maximum, effective 30 days after your arrest. This suspension may be appealed but you will have only 10 days from the date of your arrest to request a license suspension hearing. If you drag your feet and fail to arrange a hearing within the 10 day grace period, you will lose your license for one year with no hope of recourse. This administrative license suspension is entirely separate from the DUI charge which you will be answering to in court.

If you:

1. Schedule a license suspension hearing in a timely manner
2. Are over 21
3. Submitted to testing

Refusing Blood, Breath or Urine Testing in Georgia:

If you do not consent to chemical testing during a DUI stop, you will subject to a “hard license suspension.” Hard suspension is entirely inflexible. There are no exceptions for work, school, medical matters or hardships. This is why a driver must be informed by their arresting officer of the consequences of refusing to submit to testing. In many cases, if a driver refuses a breathalyzer test, a warrant may be issued for a blood test in which they are taken to a hospital and a blood sample is drawn.

In order to restore driving privileges, your DUI attorney will make every attempt to get your refusal withdrawn. This could be done in one of two ways.

Unilateral Withdrawal of Refusal: The officer removes the refusal and your license is restored. If this occurs, you are not committed to plead guilty in your DUI case

Guilty plea: A guilty plea in a DUI case can be ‘exchanged' for the withdrawal of the refusal. Removal of a hard license suspension would then follow. You would then be eligible for a limited driving permit if it is your first DUI in five years. The drawback of the guilty plea is, naturally, a DUI conviction on your record.

Different Types of Warnings For Drivers:

Because the legal limit varies based on the driver's age and type of license, there are different types of warnings that must be delivered to the driver based on these factors. There is a zero tolerance policy for alcohol in the system of drivers under 21. The limit for such drivers is .02, but this is only because the limits allow for a .02 margin of error in the breathalyzer. The legal limit for drivers using a commercial license is .04. A driver is not considered to be impaired until their blood alcohol content is at least .05, therefore a commercial driver or a driver under the age of 21 may receive a DUI charge even if they were not actually impaired. Being aware of the legal limit one is subject to is essential when they are considering refusal.

Implied Consent Notice for Suspects 21 or Over:

Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?

Implied Consent Notice for Suspects Under Age 21:

Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.02 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?

Implied Consent Notice for Drivers of Commercial Motor Vehicles:

Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate the presence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a motor vehicle for 24 hours.

If the results indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?

Contact a Hall County DUI Attorney 

If you or your loved one has been arrested for DUI in Hall County, please do not hesitate to contact Hall County DUI Attorney Richard Lawson today. You can reach our office at (404) 816-4440, or contact us online.