What is implied consent and what does it mean for an Atlanta DUI?
Implied consent law in Georgia affects how a DUI will impact your license to drive. Even though you may not have every formally agreed with the Georgia Department of Driver Services that you would submit to chemical testing, the state considers your consent implied. By having a Georgia drivers license, and driving on Georgia roads and highways, you have impliedly consented to certain requirements if you are ever arrested for a DUI.
If you get arrested for drunk driving in Georgia, you are required to submit to a chemical test in order to find out how much alcohol is in your system, or if you have taken drugs. This is done by a blood test, urine test, or breath test. A chemical test will show the blood alcohol content (BAC) in your body to determine whether you are per se in violation of DUI laws. For most drivers, a BAC of 0.08% or higher is a violation of driving under the influence. For commercial drivers, a BAC of 0.04% or higher is a violation. For underage drivers, the state has adopted a zero-tolerance policy, and a BAC of 0.02% will result in DUI charges.
In addition to criminal charges, per se violations will result in your license getting suspended for 1 year. In order to fight this suspension, you will need to request a hearing, but you only have 30 days to request an ALS hearing or you will lose your chance to contest the automatic suspension. Contact your Atlanta DUI defense lawyer, and they will be able to file the 30 day letter, secure an ALS hearing, and fight to keep your license to drive.
Refusal Under Implied Consent Law
Even if you are required to submit to chemical testing, you can still refuse, but there may be consequences. Some people think that if they don't submit to a chemical test, then the prosecutor won't have any evidence to use against them at court. However, refusal itself can be used as evidence against you. It is still up to the prosecutor to show that you were intoxicated, but they can still prosecute a DUI charge.
There are consequences associated with refusing to submit to a chemical test at the time of arrest. It is up to the officers whether they want you to submit to a blood, breath or urine test, you don't get to chose. Refusal will result in a one-year driver's license suspension. Unlike a suspended license for testing above the per se limits, if you refused to submit to a chemical test, then you cannot apply for a limited driving permit. That means no driving anywhere for a full year.
Georgia Implied Consent Law DUI Lawyer
Whether or not you submitted or refused chemical testing, you have rights and you have defenses available. Don't wait another day because you only have 30 days to challenge an automatic one-year suspension. Call us today so we can discuss the ALS hearing, implied consent consequences, and what we will do to fight for your rights.