Understanding Georgia's Implied Consent Law and Losing your License after a DUI arrest
Welcome to the Law Office of George Creal, an experienced Atlanta lawyer specializing in DUI defense. Navigating Georgia's DUI laws can be complex, especially when it comes to implied consent and the potential loss of your driver's license after a DUI arrest. Below, we provide a comprehensive guide to help you understand your rights and the legal processes involved.
What is Implied Consent? (Georgia Code § 40-5-55)
In Georgia, implied consent laws mean that by driving on the state's roads, you automatically agree to submit to chemical tests (breath, blood, or urine) if you are lawfully arrested for driving under the influence (DUI). This law is in place to help law enforcement officers obtain evidence to determine if a driver is impaired by alcohol or drugs.
Key Points of Implied Consent:
1. Automatic Agreement: By holding a driver's license, you consent to testing.
2. Types of Tests: Breath, blood, and urine tests are used to measure blood alcohol content (BAC) or drug levels.
3. Legal Consequences: Refusing to take these tests can lead to severe penalties, including a minimum of a one year hard llicense suspension.
The Implied Consent Warning
When you are stopped and suspected of DUI, the officer will read the implied consent warning. It is a business card sized tri-fold green colored card with rights for under 21 drivers, over 21 driver, and commercial motor vehicle drivers. The Implied Consent Card informs you:
- That after an arrest for DUI, Georgia conditions your privilege to drive upon you submission to blood, breath or urine test to determine if you are under the influence of alcohol or drugs. .
- You must submit to the Police Officer request state-administered chemical tests or risk a one year license suspension with no ability to drive.
- Testing over the legal limit (0.02 for under 21; 0.08 for over 21; 0.04 for drivers of commercial motor vehicles within 3 hours of driving) will suspend your license.
- After submitting to the law enforcement requested state test, you have the right to request an additional test at your own expense from personnel of your own choosing with the police or an independent provider.
Consequences of Refusal
Refusing to take a chemical test triggers an automatic administrative license suspension (ALS). This suspension can last for one year for the first refusal, and longer for subsequent refusals. Additionally, refusing a test can be used as evidence against you in court. You can stop the automatic suspension by requesting a hearing with 30 days of your arrest
Notice of Loss of License (Georgia Code § 40-5-67.1)
If you refuse a chemical test or your test results show a BAC above the legal limit, the following steps will occur:
1. Immediate Confiscation: The arresting officer will confiscate your driver's license and issue a 45-day temporary driving permit.
2. Official Notice: You will receive a notice of intent to suspend your license, either personally from the officer or by mail from the Georgia Department of Driver Services (DDS).
3. Hearing Request: You have 30 days from your arrest to request an ALS hearing to challenge the suspension. Failure to request a hearing will result in the automatic suspension of your license in 46 days.
The ALS Hearing
At the ALS hearing, several key issues will be examined under the preponderance of the evidence test or more likely than not: :
- Whether the officer had reasonable grounds to arrest you for driving under the influence which can be as little as an odor of alcohol and glassy eyes..
- Whether you were properly and timely read your implied consent rights.
- Whether you refused the test or had a BAC over the legal limit.
- Whether the test was administered correctly.
Legal Support
Facing a DUI charge and potential license suspension is daunting. At the Law Office of George Creal, we are committed to protecting your rights and helping you navigate these complex legal waters. Our experienced team will guide you through the ALS hearing process, challenge any improper procedures, and strive to minimize the impact on your life.
Contact Us Today
If you are facing DUI charges or have questions about implied consent and license suspension, contact us for a free consultation. We are dedicated to providing the best defense possible and ensuring you understand every step of the process.