In the State of Georgia, all drivers are deemed to have given their consent to law enforcement to take tests of their blood, breath, urine, or other bodily substances to determine the presence of alcohol, or any other drug, if you have either been arrested for DUI charges, or have been involved in an accident involving serious injuries or fatalities. All states now have enacted implied consent laws, though they vary in scope and application.
In Georgia, implied consent pertains to chemical testing of your bodily substances. The most common chemical testing is the Georgia breath test (the Intoxilyzer 5000), or a Georgia blood test, drawn by qualified personnel and sent to the Georgia Bureau of Investigation for testing. Implied consent does not include the performance of field sobriety tests like the One Leg Stand, Walk and Turn, and preliminary, or roadside, breath test. These field sobriety tests are optional in Georgia, though law enforcement officers rarely make this known to drivers under investigation for DUI.
While you are deemed to have given consent in Georgia for your bodily substances to be tested, the Georgia implied consent law does allow a suspect to refuse the testing. However, a refusal of testing comes with more harsh penalties, such as at least a one year suspension of your Georgia driver’s license, or privileges to drive on Georgia’s roadways. Even an out of state license holder caught driving under the influence in Georgia is subject to Implied Consent laws, and is facing having their Georgia driving privileges suspended, as well as their driver’s license in their home state. If you are facing a DUI charge in Georgia, it will be necessary to consult with an attorney to determine the possible license implications that a DUI will have on your home state license. From the date you were arrested, you will only have 10 business days to send the Georgia Department of Driver Services your appeal letter demanding a hearing before your privileges are suspended.