Georgia DUI Attorneys
Home
Tests
HGN
Walk and Turn
One Leg Stand
Alphabet
Finger-to-Nose
Pick-Up Coins
Rhomberg
Portable Alcosensor
After a DUI Arrest
Post DUI Arrest
License Suspension
Arraignment
Preliminary Hearing
Pre-Trial Motions
Trial
FAQ's
DUI Laws
Field Sobriety FAQ
Breath Test
BAC
Urine Test
Blood Test
Implied Consent
Miranda Warning
Zero Tolerance
Penalties
DUI Penalties Overview
First Offense DUI
Second Offense DUI
Third Offense DUI
Defenses
Potential DUI Defenses
DUI Plea-Bargaining
Reducing a DUI
Other DUI Resources
Free Case Evaluation
Georgia DUI Implied Consent
If you have a driver's license in the state of Georgia, you'll want to read the following information.
Known as “implied consent”, it is a law that states that any person who operates a motor vehicle in the state is deemed to have consented to a DUI chemical test.
The implied consent law is put into place as a means for the government to use evidence against you in a court of law. While this is legal, there is some fallacy behind it. A person driving down the state highway is most likely unaware that he or she is required to submit to a chemical test at the lawful request of a police officer.
While every state has differing DUI laws, the federal government is closely involved in DUI. The federal government funds grants to states that implement certain DUI prevention programs.
As a direct result of this, many states, like Georgia have set driver's license suspension systems into their implied consent statutes for both failure of a chemical test and refusal to take a test.
Many states, including Georgia require that a police officer invokes the implied consent statute to provide the DUI suspect with some form of warning or advisory. Due to this, DUI lawyers have argued that a refusal to submit to the test prior to knowledge of the consequences of that refusal should not be allowed to provide a basis for the suspension of the driver's license!
Having one of our tough DUI lawyers here at the Law Offices of Webb, Willis, and Kohn on your defense team is your only hope in winning your case!
They may be able to use the flaws in implied consent laws to turn your case around!