Georgia Implied Consent
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Although you may not realize it, when you first obtained your Georgia driver’s license, you agreed to abide by a little-known law known as Implied Consent. In simple terms, this means you agreed to follow the state’s blood alcohol content (BAC) limit. Additionally, you also agreed to allow any officer who suspects you of driving under the influence (DUI) to administer a chemical test in order to determine your BAC. As a result, you can expect to be arrested and charged for violating the Georgia Implied Consent law if you are suspected of DUI and refuse to perform a chemical test.
In the state of Georgia, refusing a breathalyzer or any other chemical testing method—such as a blood or urine test, for example—can be viewed as an admission of guilt. In other words, the fact that you did not allow the officer to test your BAC could be used against you in criminal court. What’s more, you will also face the same penalties as someone who took the test and failed.
The first thing you should be aware of is that violating the state’s Implied Consent law will result in an automatic license suspension. To appeal this administrative penalty, you must request an appeal hearing with the Georgia Department of Drivers Services (DDS). Because you have a limited amount of time to request this hearing—just 10 business days—it is important to prepare a strong license appeal letter immediately after your arrest.
Along with an administrative license suspension, you will also face criminal penalties for refusing to take a chemical test. In addition to fines, probation, and community service, the sentence for DUI often includes a mandatory jail sentence, as well as mandatory alcohol counseling. You will also face the long-term consequences of your conviction, such as paying far more for auto insurance and losing your eligibility for certain employment, housing, and educational opportunities.
Fortunately, with the right legal representation, you may be able to avoid many of these ramifications. As one of the top DUI defense lawyers in the state, attorney Greg Willis can ensure you receive the best outcome when your case is reviewed by the DDS and criminal court. Since earning his law degree from the University Of Georgia School Of Law in 1996, Mr. Willis and his team of DUI experts have helped thousands of drivers get their drunk driving charges reduced or eliminated altogether.
Add your name to the list—contact attorney Greg Willis today for your free case evaluation. If you decide to retain the firm for your defense, Mr. Willis will even prepare a free license appeal letter to improve your chances of avoiding a lengthy license suspension.
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