Implied Consent Under Georgia Law
Just by having a driver's license or driving on Georgia roads and highways, you are deemed by the state to have given your implied consent to chemical testing. If you are arrested for driving under the influence in Georgia, you are required to submit to a chemical test to determine your blood alcohol concentration (BAC), or to test for the presence of drugs in your system. If you refuse to submit to a chemical test when you are arrested, you driver's license will automatically be suspended, even if you were not under the influence of any drugs or alcohol.
The requirement to submit to a chemical test when arrested for a DUI is not the same as requiring a chemical breath test in the field. Field breath or breathalyzer tests are not required, and can offer inaccurate measures of your blood alcohol levels. However, after you are arrested for a DUI, the police officer will request that you submit to a chemical test of your blood, breath or urine. If you refuse, then your license will be administratively suspended for one year, and you will not be allowed to get a limited driving permit.
Refusal of Chemical Testing
Not only will refusing a chemical test result in an automatic suspension of your Georgia driver's license under the state's implied consent laws, but evidence of your refusal can be used against you later in prosecuting your criminal case. However, in some cases, if the police officer or state patrol officer improperly read the implied consent notice, then you have not been properly informed of your rights, and cannot meaningfully consent or refuse. An experienced DUI defense lawyer can review the proper implied consent instructions, and if there are any inconsistencies with what the police officer said, they may be able to use this information in your favor to have evidence thrown out.
The three types of chemical testing include tests of the driver's breath, blood or urine. The police officer has the choice of which test they want the driver to submit to, it is not up to the driver. If the police officer requests a blood test, but you say you will only submit a breath test, then that counts as a refusal of the chemical testing, and your license will be suspended.
Chemical tests are not always accurate, and may depend on how the sample is taken, handled, and tested, as well as if the chemical testing machine was calibrated properly, or the officer taking the sample is properly trained. Tainted or unreliable samples should not be used against you, and your attorney can fight to keep that evidence out of court to ensure you get fair treatment. An experienced DUI lawyer who is trained in field sobriety testing and chemical testing will be able to investigate your individual case, and find the holes in the prosecutions case to fight for you.
Atlanta Implied Consent Defense Request Lawyer
If you or a loved one have been arrested for driving under the influence in the Atlanta area, your license will be suspended if you refused to submit to a chemical test. However, there may be reasons why your refusal was justified, and your refusal should not be used against you in court. Call me today, so we can discuss just what happened in your case, and I will fight for you to keep your license to drive, and record clear.