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Attorney Katherine A. Gonos
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What does implied consent mean?

On Behalf of | Jan 20, 2023 | Drunk Driving |

A driver’s license comes with a slew of responsibilities and conditions you must abide by to maintain your driving privileges. When you received your license, you agreed to comply with the laws of the road and gave your implied consent to assist an officer in a DUI investigation.

What does implied consent mean, and how might it affect you should an officer believe you are driving under the influence?

What does implied consent do?

The implied consent law requires all drivers to submit to a breath or blood test if a law enforcement officer requests it. During a traffic stop, for instance, if an officer suspects that you are driving under the influence, he or she may request that you take a test. If you do have alcohol in your body and you take the test, you may find yourself under arrest.

Do you still have the right to refuse?

Under the implied consent law, you agree to take the test. However, you have the civil right to decline a blood or breath test without a warrant. Should you go this route, the implied consent law dictates that you will lose your license on the spot, and the State of Georgia will suspend it for up to one year.

What happens if the court drops your DUI case?

If you refuse the test, the police may not have the evidence to proceed with a DUI charge. Even if a court does not proceed with prosecution, you still have to ride out the mandatory suspension for failing to take the test.

Understanding your rights during a traffic stop is crucial. Whether you cooperate or refuse a voluntary breath, blood or urine test is up to you.