If you have ever been arrested for DUI in Georgia, one of the first things police do after arresting you is to read them the Implied Consent Warning. This special set of statutes legally forces arrested drunk drivers into agreeing to post-arrest breath, blood or urine tests at their own peril or risk losing their license; one of America’s toughest implied consent laws applies equally regardless of any suspicion for DUI or not.
At any point in time, any Georgia resident operating a motor vehicle automatically consents to blood and breath testing if they suspect DUI; this obligation doesn’t exist otherwise, therefore all drivers should understand their right to refuse such tests should one arise.
The Georgia Supreme Court recently upheld this law as constitutional; however, this does not impede your right to refuse breathalyzer tests after being arrested for DUI. According to this court ruling, drivers’ right not to submit to breath tests is protected under the Fifth Amendment to the US Constitution which forbids self-incrimination. For an officer to force someone into taking chemical testing they must first provide probable cause before invoking Georgia Implied Consent Law as per lawful authority.
Even after this ruling, DUI arrest can still lead to severe penalties – including license suspension. If you’ve been charged with DUI in Georgia and want to protect your rights and reduce or dismiss the charges as much as possible, contact an experienced Roswell DUI defense lawyer immediately for advice and representation.
DUI cases can be complex and trying, and having someone on your side throughout can make all of the difference. At James Yeargan Law Firm, our dedicated lawyers will stand beside you as you navigate all aspects of your case and fight tirelessly for your rights while striving to reach an ideal resolution for your unique circumstances.
Georgia DUI laws are intended to promote public safety and reduce incidents of impaired driving, with chemical tests for all drivers being required in order to be allowed on Georgia roads. By doing this, lawmakers hope to deter drunk driving incidents while holding those responsible accountable; their laws have proven successful at curbing drunk driving incidents.
James Yeargan Law Firm offers experienced DUI defense in Georgia. We can explain your rights and the implications of Georgia’s Implied Consent Law, while helping to determine what the most suitable course of action for your individual situation might be. Get in touch with us now to discover more of our services!
Georgia DUI offenses come with both administrative and criminal penalties that include license suspension and fines or jail time, depending on the offense committed. Our knowledgeable lawyers can help defend you in this process and discuss how refusal of chemical test could alter the results.
