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Implied Consent Advisement (DUI)

The fear, confusion, and uncertainty that follow a DUI arrest can be overwhelming. One moment you’re on your way home, and the next, you’re in police custody. Understanding your rights and obligations is crucial, especially when it comes to implied consent advisement in Georgia. As a reputable criminal defense attorney in Columbus, GA, Clark Adams is keen to help you unravel this concept.

Deciphering Implied Consent Advisement

In Georgia, anyone who operates a vehicle is deemed to have given “implied consent” to chemical testing (breath, blood, or urine) if suspected of DUI. This implied consent advisement is a tool used by law enforcement to counter drunk driving. However, it comes with a series of implications that any motorist should understand.

• Implied Consent Notice for Suspects 21 or Over: In Georgia, any driver who is age 21 or over is subject to a specific implied consent notice. If a law enforcement officer suspects that you’re driving under the influence, they will issue this warning, which states that the State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state-administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this test, your Georgia driver’s license or privilege to drive on the highways of this state will be suspended for a minimum of one year.
• Implied Consent Notice for Suspects Under Age 21: If the driver is under the age of 21, the officer will issue a slightly different implied consent notice. This notice informs the underage driver that they must submit to state-administered chemical tests to determine whether they are under the influence of alcohol or drugs. However, for drivers under 21, any detection of an alcohol level of 0.02% or more may lead to a license suspension. A refusal to submit to testing results in a suspension of driving privileges for at least one year.
• Implied Consent Notice for Drivers of Commercial Motor Vehicles: For drivers of commercial motor vehicles (CMV), the implied consent notice is again slightly different. CMV drivers must submit to state-administered chemical tests to determine alcohol or drug use. If a CMV driver refuses to submit to such tests, they will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Additionally, if a CMV driver has any detectable amount of alcohol of 0.04%, they will be disqualified from operating a commercial motor vehicle for a minimum of 1 year, or if any alcohol is detected, the driver is disqualified from driving a commercial motor vehicle for 24 hours.

Implied consent obliges you to submit to state-administered chemical tests when an officer has reasonable grounds to believe you’ve been driving under the influence. A refusal may lead to the suspension of your driving privileges, even if you’re eventually acquitted of the DUI charge. Moreover, this refusal may be used against you in court, suggesting an admission of guilt.

Choose Clark Adams as Your DUI Defense Attorney

If you find yourself facing DUI charges in Georgia, remember that your actions immediately following the arrest may greatly influence the outcome of your case. Understanding the implied consent advisement is an integral part of this equation.

As a top-tier DUI attorney in Columbus, GA, Clark Adams has an extensive track record of successfully challenging implied consent violations. You get more than a Columbus GA DUI lawyer; you get a relentless advocate committed to protecting your rights.

Call now for a consultation and let’s embark on the journey to defending your rights together. Because, in the end, your future deserves nothing less than the best defense.