Georgia Implied Consent Notice

Georgia law requires you to submit 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 the testing your Georgia driver’s license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more, your Georgia driver’s license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?

You must be read the Georgia Implied Consent Warnings for a chemical test to come into evidence.

If you’ve been arrested for DUI, before a chemical test (or your refusal to take a test) can come in, the State must show that you were properly given a warning or notice about your rights to refuse the test and to have an independent test.
The cop must do more than say he read you the rights off his card. He must remember what he said or pull out the card he read to you. If the cop can’t remember when he read you the implied consent warning, the court is fine with it if he says “it’s my routine to read her the warning before transporting her from the scene.”
If a the police officer properly gives the implied consent notice, and then gives you more, deceptively misleading information that impairs your ability to make an informed decision about whether to submit to testing, your test results or evidence of your refusal must be suppressed.

When must the Georgia Implied Consent Warnings be read to you?

You must be arrested for DUI before the Warning is read to you. Almost always the Warning must be read to you at the time and place of arrest.
The warnings must be read at the time of arrest or close enough as the circumstances allow. Any delay must be reasonable and justified. Otherwise, the test is inadmissible because of a delay in reading implied consent warnings. The police cannot wait for a tow truck and then take you to jail before reading Implied consent. Ten minutes is too long if the cop has the wrong implied consent card and is waiting on the right one.

What if you refuse to take the cop’s test?

Your refusal to take a chemical test can come in against you at your DUI trial.

When are you allowed to refuse the cop’s test and not have that refusal come in?

You may refuse to take a test if the cop does not properly inform you of the warnings, or if they are incomplete, or confusing and misleading.

Strategies for Defending Your DUI in Savannah, Georgia

Never accept that the warning was complete, clear, timely given, or accurate. Always get video and audio proof.
You should always try and keep out evidence that you refused to take the State tests. To challenge evidence you use a Motion in limine.
Implied consent must be “substantially complied with.” Your rights under the implied consent notice have to be accurately conveyed to you. Video is the best evidence. If no video exists then I have the cop read in court the ICN he read to you when he arrested you for DUI.
I analyze the officer’s reading of the ICN. If any word is changed, I analyze it to see if it affects my your rights or obligations under the implied consent law. I analyze any statement the cop made to you. I analyze any statement or request yout made to the officer.