Georgia Implied Consent Law

With the hustle and bustle of today’s fast-paced society, driving has become an important part of our daily lives. We use our vehicles to drive to and from work, school, the grocery store…the list goes on and on. So if you’ve recently been arrested for driving under the influence because you refused to submit to a chemical test, you need to know that your license is at risk.

Frank Gomez, an Atlanta DUI lawyer, says "In the state of Georgia, you have ten days from the date of your DUI arrest to request a hearing with the department of motor vehicles. Otherwise, your driver’s license may automatically be suspended for one year." The state views driving as a privilege, not a right; however, many DUI defense attorneys will argue that a person cannot lead a productive life without a driver’s license. In any case, to avoid risking your driver’s license you must contact an experienced DUI defense attorney. Your attorney can represent you during the administrative hearing and fight for you to keep your license.

While many people mistakenly assume that refusing to take a chemical test will make it more challenging for the state to prove that they were DUI, this couldn’t be farther from the truth. Due to the Implied Consent law, a person will face harsh consequences for refusing a chemical test as the state views this refusal an admission of a person’s guilt.

On the day that you received your driver’s license from the state, you signed a document that gave your consent to submitting to a chemical test (blood, breath or urine) if requested by police. For breeching this agreement, you could lose your license and face other serious penalties. The purpose of this law is give the state the power to collect evidence against you--evidence that can later cause you to be convicted of DUI.

With a skilled DUI defense attorney in your corner, it is possible to have your DUI charge reduced to a non-DUI disposition, such as reckless driving. Depending on the circumstances surrounding your case, your charge may even be acquitted. This is why it’s so important to contact an attorney.

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