Implied Consent Laws in Forsyth County, Georgia 

Georgia is one of many states throughout the US that has Implied Consent laws. By operating a motor vehicle in Georgia, you have implicitly given your consent to have your blood, breath, or urine test for alcohol or drugs. Refusing to submit to the testing can result in a suspension of your drivers license. If you are an out of state resident, Georgia can only suspend your privilege to drive within this state.

When arrested for DUI, the officer must read the appropriate Implied Consent Notice depending on your age or type of drivers license. A failure to read the notice or read the correct notice can lead to evidence being thrown out. If you have been arrested for DUI and have concerns about the implied consent notice, contact our Forsyth County DUI Lawyers today. Our attorneys have been exclusively practicing DUI defense for over 25 years and know exactly what your rights are and how to protect them. Call now for a free case evaluation.

What Does Implied Consent Mean?

In Georgia, the implied consent law means that in exchange for the privilege to drive on Georgia roads, you agree to take a chemical test should a police officer request that you take one. If you refuse this testing, you face a license suspension of up to one year of your Georgia driver's license.

What Happens If I Submit to the State's Test?

If you submit to testing and the results show a BAC of .08 grams or more, the maximum license suspension is one year that will begin 46 days after your arrest. This also applies if you refused to take the test. This suspension is an administrative suspension, meaning that it is separate from the criminal DUI charge. You will still have to go to court and face additional penalties.

If you submitted to the test and are over the age of 21, then you may be able to get a limited permit that would allow you to drive to work, school, and medical appointments. However, if you refused testing, then you will not be eligible for a limited driving permit.

Implied Consent Warnings for Georgia Drivers

The arresting officer is required to read the appropriate Implied Consent Notice depending on your age and driver's license status.

Implied Consent Notice for Suspects 21 or Over:

The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission 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 blood or urine 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 requested 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 test)?

Implied Consent Notice for Suspects Under Age 21:

The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission 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 blood or urine 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 requested 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 test)?

Implied Consent Notice for Drivers of Commercial Motor Vehicles:

The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission 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 blood or urine 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 commercial 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 requested 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 test)?

There are always Defenses Your Forsyth County DUI Lawyer Can Use To Defend You!

No matter your situation, there are always defenses that apply to your case. Unless you were involved in an accident that resulted in serious injury, the officer must have placed you under arrest for DUI before they can read you the implied consent notice. The notice must be read in its entirety and exactly as stated above. If the officer gives you an inaccurate or misleading interpretation of your implied consent rights, he has deprived you of your ability to make an informed decision. We can use this in your favor at court.

There are lots of defenses that can be used with regard to the implied consent notice. Contact one of our DUI Lawyers in Forsyth County today to see how we can help. Our team has over 50 combined years of DUI defense experience and are waiting to take your call. Call today for a free case evaluation.