Driving Under the Influence and the Georgia Implied Consent LawWritten on September 5, 2014
Driving under the influence of alcohol can have serious consequences. If you are arrested for DUI, your freedom, wallet, employment, and driving privileges may all be effected. That’s in addition to the danger intoxicated drivers put everyone else in while on the road.
Police officers are always on the lookout for impaired drivers. There are certain things the police are trained to look for. That includes traffic infractions, the odor of an alcoholic beverage about your person, bloodshot eyes and slurred speech. If you have consumed alcohol, the best idea is to not get behind the wheel. If you are pulled over after drinking, however, there are some things you should keep in mind.
In Georgia, you can be arrested for DUI if your blood alcohol concentration is .08 grams (and .02 grams for persons under 21 years of age) or higher within three hours of operating a motor vehicle. An arrest for DUI is usually accompanied by some other traffic violation. Typical examples are failure to maintain lane, running a red light, and speeding. If you are arrested for DUI, you will be taken to jail and given a bond amount that is usually in excess of $1,000.
If a police officer pulls you over, and suspects you have been drinking, he or she will most likely ask you to take a breathalyzer. This is a tricky situation. In Georgia, there is an implied consent law. That means, if an officer suspects you are operating under the influence, and asks you to take a breath, blood, or urine test, you are required to do so. If you refuse, your license will automatically be suspended for 12 months and your refusal to take the test can be used as evidence against you in court. The officer at the scene must advise you of the implied consent law.
Some have the opinion that, without a state administered test, a DUI conviction will be difficult to prove. Even if you refuse a test, the officer’s observations and your refusal to submit to the test, will be in the prosecutor’s favor. That’s in addition to automatically losing your license for a year. If you have been arrested for DUI, and refused a test, call the attorneys at The Silverbach Group without delay for consultation and assistance.
The state test, however, isn’t your only option. If you do submit to the test you are required to take, you also have the option of taking an additional test, by a certified professional of your choosing and at your own expense. That test result could be used as evidence in your favor.
If you are arrested for DUI, it’s imperative that you have an experienced attorney on your side. The penalties for a DUI conviction in Georgia, whether you submit to a test or not, can be overwhelming and harsh. You will have mandatory time in jail, possibly have your license suspended, pay fines and court costs, and see a rise in your insurance premiums. A phone call to The Silverbach Group should be your first priority. We can assist you in possibly having your charges reduced or even dropped. You can reach us at 770-635-0334.