By operating a vehicle on state roads in Georgia, you agree to submit to a breath, blood or urine test for blood alcohol concentration (BAC) if the police have reasonable suspicion of drunk driving. This is referred to as implied consent. If you refuse to submit to a test, your driver’s license might be automatically suspended for 12 months.
It’s crucial to be informed about Georgia’s implied consent law. Here is one of the most vital things to know:
The implied consent notice
When arrested for driving under the influence (DUI) of alcohol, the law enforcement officer should read the implied consent notice to inform you of the legal obligation to submit to testing and the consequences of refusal. Georgia has different notices depending on age and type of driver. There is a notice for suspects under age 21, those age 21 or over and commercial vehicle drivers.
The notices for suspects driving non-commercial vehicles are almost similar – they mainly differ in the aspect of BAC. The notice for suspects under 21 states a BAC limit of 0.02 grams or more, and that of drivers 21 years and above states 0.08 grams or more.
Drivers operating commercial vehicles suspected of drunk driving will be read a notice that informs them that if their results show any amount of alcohol, they will be issued an out-of-service order, which prohibits them from operating a commercial motor vehicle for 24 hours. The notice also informs them of the consequences they will face if their BAC is 0.04 grams or more after submitting to testing.
If an officer failed to read you the implied consent notice or an appropriate one after arresting you for drunk driving, the evidence they gathered may be inadmissible. Get more information to know how you can defend yourself.