The privilege to drive on the highways of Georgia is conditioned upon a driver’s submission to state-administered chemical tests of blood, breath, urine or other bodily substances to determine if the driver is under the influence of alcohol or drugs. This is Georgia’s implied consent law (O.C.G.A. § 40-5-67.1).
A law enforcement officer must follow certain proper procedures when applying this law for it to be valid. These include:
Conducting a lawful arrest
The implied consent law only applies if the arrest for driving under the influence (DUI) of alcohol or other drugs was lawful in the first place. An officer must have probable cause to arrest a driver for DUI before requesting them to submit to a chemical test.
Reading the implied consent notice
Before administering a chemical test, the arresting officer must read the appropriate implied consent notice to the driver. The notice informs the driver that they have already consented to a chemical test to detect alcohol or drugs by driving on a Georgia highway and the consequences for refusing the test.
The officer will also inform the driver that if their result indicates an alcohol concentration of 0.02 grams or more (for drivers under age 21) or 0.08 grams or more (for drivers age 21 or over), their driver’s license will be suspended for a minimum period of one year.
A commercial driver should be informed that if their alcohol concentration is 0.04 grams or more, they will be disqualified from operating a commercial motor vehicle for a minimum period of one year.
An error can occur when an officer is applying the implied consent law. They may improperly read the notice, read the wrong version to a suspect or fail to have probable cause for the arrest. If you believe a mistake happened in your case, you should investigate the matter to protect your rights.
