Close X

Learn More About Georgia’s Implied Consent Law and DUIs

Posted by Donald Turner | Nov 21, 2015 | 0 Comments

Georgia's Implied Consent Law and DUIs 

Duistop 202

The rules concerning DUI in Georgia just became more interesting with a recent ruling that turned the idea of “implied consent” on its head. For nearly five decades, Georgia police have operated on the principle that implied consent allowed them to further investigate anyone they thought was guilty of DUI. This means that if the police thought the driver was operating the vehicle under the influence of drugs or alcohol, they were in a position to conduct an investigation.

Now the Georgia Supreme Court holds that the “implied consent” police have been assuming is does not construe actual consent. This ruling has been disrupting court proceedings since earlier this year. Savvy defendants are now getting their DUI cases thrown out by challenging the notion they provided consent to complete a blood, breath, or urine test. Their argument is that a person who is drunk or high is not able to give consent! This ruling could effectively impact all DUI arrests in Georgia. Drivers who are arrested for DUI and fail the field sobriety case have the ability to go to court and win the case because they didn't give consent. In fact, it is their constitutional right to do so.

If the judge rules that consent was not actually given, he is forced to throw out the sobriety test. Without that, the defendant's entire case can be overturned. The whole court case quickly turns into an absurdity with the defense saying their client was too drunk to give consent to a sobriety check and the prosecutor claiming that the defendant was sober enough to consent.
The general procedure used by police is that if you don't take the field sobriety test, you will lose your license for one year. This potential penalty is enough to make almost all people who are pulled over take the test. Arrests in Georgia start with the phrase: “Georgia law requires you to submit” which is taken by almost everyone who is pulled over to mean they must take the field sobriety test. If you've been charged with a DUI it's important you hire an attorney who understands all the implications of “implied consent” since they changed the law this year. Although some may view having a case thrown out on these terms as a “trick,” there are many who would argue it's a simple matter of exercising your constitutional rights to avoid an injustice.

About the Author

Donald Turner

Don has been practicing law for 40 years. During that time, he has built extensive relationships within the medical, legal and law enforcement communities throughout northern Georgia....


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Free Attorney Consultations

Our attorneys are available 24/7 to discuss your case. There is no fee for a phone or in person consultation. Call today to schedule your free consultation with a member of our Team today.

Let us know how we can help you.

We are committed to bringing you satisfactory results on your case. Our goal is to ensure that every client feels comfortable and confident with our representation. We are here to help you - regardless of the issues you are facing. Our team is prepared to guide you and provide you with the steps you need to take.

Office Location

1160 Grimes Bridge Road
Building B
Roswell, GA 30075
Mon, Tue, Wed, Thu, Fri: 8:00am - 5:30pm
Saturday & Sunday By Appointment