The state of Georgia and most other states throughout the country enforce what is known as an implied consent law. Generally, implied consent means that every motorist on the road has given their consent to submit to a chemical test when a law enforcement officer has reason to believe that they may be driving under the influence (DUI) of drugs or alcohol.
Under section 40-5-55 of the Georgia Code, any person who drives or who is in actual physical control of a moving vehicle in Georgia is deemed to have given consent to a chemical test. Chemical tests can include tests of blood, breath, urine, or other bodily substances in order to determine the presence of alcohol or any drug. Implied consent laws apply specifically to situations in which a law enforcement officer suspects a motorist of driving under the influence.
As part of the implied consent law, drivers who refuse to submit to a chemical test can face serious penalties. Refusing a breath or blood test, for example, can result in an automatic driver's license suspension and can be used as evidence during criminal court proceedings. This is because chemical tests are considered mandatory under Georgia's implied consent law, unlike field sobriety tests, which are optional. While breath and blood tests are the most commonly used tools to measure a person's impairment, they are not always accurate and can be effectively challenged with the assistance of an experience criminal defense lawyer. When a driver refuses to submit to a test, they leave themselves fewer options for defense.
If you or someone you care about has refused to take a chemical test, it is in your best interests to discuss your case and your options with an Atlanta DUI lawyer from the Law Offices of Howard J. Weintraub. Learn more about your defense options and how our legal team can utilize our experience to protect your rights and future by speaking with a member of our legal team.