For the full language of the GA`s Implied Consent Act, OCGA 40-5-55, click on this LINK. To read the legal warnings that apply to underage drunk drivers, CDL-DUI and adult drivers arrested for dui, go to OCGA 40-5-67.1 to read what should be read to the driver detained by a law enforcement officer immediately after the DUI`s arrest. If you do not answer the question or remain silent, your silence will be considered a refusal to be tested. However, if you did not understand the implied declaration of consent or even if you were involved in an accident and became unconscious, it will be presumed that you have not withdrawn your consent. The same applies if you don`t speak or understand English. Implied consent is one of the legal mechanisms that police use to obtain scientific evidence proving that you are drunk or drugged. It`s a law that states that while driving on a road in Georgia, you agree to take a chemical test if police believe alcohol or drugs are in your system after being arrested for drunk driving. Defense attorneys have filed dozens of different legal challenges to be subjected to this “legal fiction,” so the National Highway Traffic Safety Administration (NHTSA) has developed a legal model formulation of the “implied consent law” expected by all states. For more than 20 years, Georgia`s consent laws contained language in implied consent warnings, which stated that you had to “submit by yourself” to what type of test or test the agent had been selected, and that you did not have the right to a lawyer before deciding what to do or say.
The CDL license is an overlay of a regular Georgia driver`s license (or “confirmation”) that requires a more rigorous written and practical driving test. Georgia`s implied consent law does the same by allowing people to consume less alcohol. As you can see, it may be important to know your implied consent rights in order to win. Because the ability to appeal the suspension of your license is so short, you need to respond quickly to any GA DDS hearing request. A “rejection” of DUI threatens to remove ALL driving privileges for an ENTIRE YEAR, so it is crucial to act quickly. Since the early 1950s, some states had enacted laws requiring a suspected drunk driver to perform the chemical test of bodily substances after the examination (to determine which debilitating substances are in your bloodstream), as required by the arresting police officer. By not participating in the tests offered after the arrest, this refusal had consequences on the withdrawal of the civil licence or the suspension. Call a FREE legal consultation now, 24 hours a day, at 404-567-5515. Implied consent laws require drivers to act within 30 days or lose all call or lock options.
Although Georgian lawmakers significantly “watered down” Georgia`s tacit consent laws in March 1998, the general rule of law is “strictly interpreted” against the government as to whether a motorist can lose his or her right to drive in Georgia. In addition, there are new developments in ga case law on implied consent, such as Ovevik v. State and State v. The Council may prevent the use of a refusal to accept a blood alcohol test in criminal impaired driving proceedings. For more information, see Mr. Head`s Google+ page in Tacit Consent, which describes the importance of a DUI lawyer challenging the AG`s implied consent rights. All law enforcement officers in Georgia instruct the Police Academy to read the “warning” after an arrest under the General Assembly`s Implied Consent Act. Training is given to police so that officers are aware that implied consent laws refer to the officer`s ability to legally force (or force) a motorist arrested for drunk driving in Georgia to undergo a breath or urine test after arrest, or to obtain implied consent to the suspension of Georgia`s license (or, for non-state licensees), the ability to: drive in Georgia for a full 12 months. Watch Mr. Head`s YouTube video on the GA`s Implied Consent Act.
So they created a legal fiction by saying that all drivers had implicitly agreed to submit to state-administered tests because of their decision to use a state`s road network (if that driver had first been legally arrested for DUI-DWI). The sample could be taken from blood, breath, urine or other bodily substances to determine which debilitating substances or chemicals were in the bloodstream of the arrested driver. Unless you have been involved in an accident that resulted in serious injury or other urgent circumstances, you must be placed under arrest for DUI Less Safe before the officer can read you the implied consent form and request a state chemical test. .