Georgia’s Implied Consent Law For DUI

Driving under the influence is taken seriously in the State of Georgia, and one of the most critical (and often misunderstood) components of a DUI investigation is the Implied Consent Law. If you’ve been stopped for suspected drunk driving in Georgia, you need to understand your legal rights and obligations surrounding chemical testing.

As an experienced DUI attorney in Georgia, I’ve counseled many clients who were surprised to learn that refusing a blood, breath, or urine test can carry severe penalties, even before a criminal conviction. This article breaks down the Implied Consent Law in Georgia, what it means for you during a DUI arrest, and how it could affect your driver’s license and legal case.

If you’re facing a drunk driving charge in Georgia, call 1-888-839-4384 or use our online contact form to schedule a FREE CONSULTATION with a top rated Georgia criminal defense attorney today!

What Is Georgia’s Implied Consent Law?

Georgia’s Implied Consent Law, codified under O.C.G.A. § 40-5-55 and O.C.G.A. § 40-5-67.1, requires that all persons who operate a motor vehicle on Georgia roads implicitly agree to submit to chemical testing of their blood, breath, urine, or other bodily substances if they are lawfully arrested for DUI.

This agreement is automatic; simply by driving in Georgia, you have already given your implied consent to chemical testing if law enforcement suspects you of driving under the influence of alcohol or drugs.

When Does Implied Consent Apply?

Implied consent does not mean police can test you at any time. Specific conditions must be met:

1. You must be lawfully arrested for DUI.
2. The arresting officer reads the Implied Consent Notice, a formal advisement that informs you of your rights and the consequences of refusing chemical testing.
3. The request must be for the purpose of determining the presence of alcohol or drugs.

Georgia’s Implied Consent Notice: What It Says

The officer must read a version of the Implied Consent Notice tailored to the type of test requested (breath, blood, or urine) and your driver status (over 21, under 21, or commercial vehicle operator). The notice informs you:

• That you are under arrest for DUI. 
• That Georgia law requires you to submit to breath, blood or urine testing. 
• That test results can be used as evidence against you in court. 
• That refusal to submit will result in a minimum one-year driver’s license suspension and may be used as evidence at trial. 
• That you do not have the right to consult an attorney before deciding to take the test. 

Here’s an excerpt from the standard Implied Consent Notice for drivers age 21 or older:

“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 this testing, your Georgia driver’s license or privilege to drive in Georgia will be suspended for a minimum period of one year.”

 

Refusing the Test: What Happens?

If you refuse to submit to chemical testing, Georgia law imposes administrative penalties separate from any criminal DUI charges:

1. Administrative License Suspension (ALS)

• First refusal: 1-year license suspension, with no eligibility for a limited driving permit. 
• The arresting officer will submit a Form 1205 to the Department of Driver Services (DDS), triggering an automatic suspension process. 

2. 30-Day Window to Appeal

You have only 30 calendar days from the date of arrest to request an ALS hearing to contest the license suspension. If you fail to act, the suspension becomes automatic and non-negotiable.

3. Use of Refusal in Criminal Trial

Your refusal can be introduced as evidence in your DUI trial, potentially suggesting that you were trying to hide your level of impairment.

The ALS Hearing: Your Chance to Challenge the Suspension

If you request a hearing within the 30-day window, your DUI lawyer can present evidence challenging:

• Whether the officer had probable cause for the arrest.
• Whether the Implied Consent Notice was properly read. 
• Whether you actually refused the test or were physically or mentally unable to consent. 

If successful, your license suspension may be lifted or reduced. If unsuccessful, the full suspension period remains in effect.

Alternatives: Ignition Interlock Device (IID) Permit

Under O.C.G.A. § 40-5-64.1, Georgia allows some drivers who refused testing to apply for a 12-month ignition interlock device (IID) limited permit, but you must:

• Be a Georgia resident with a valid license at the time of arrest.
• Be 21 or older.
• Apply within 30 days of the arrest.
• Install an IID in your vehicle for a minimum of 12 months.

This option can preserve your driving privileges while your DUI case moves forward, but it comes with strict rules and monitoring.

Does Implied Consent Apply to Field Sobriety Tests?

No. Georgia’s Implied Consent Law does not apply to field sobriety tests such as the walk-and-turn, one-leg stand, or horizontal gaze nystagmus test. These are voluntary, and you are not legally required to perform them.

Officers are not required to advise you of your right to refuse field sobriety tests, but you may politely decline without triggering license suspension under Implied Consent Law.

What If You Take the Test and Fail?

If you submit to testing and your blood alcohol content (BAC) is 0.08% or higher, the results may be used to support a criminal DUI conviction. However, submitting to the test may help you preserve your driving privileges—especially if this is your first DUI offense.

Even if the test shows alcohol or drugs in your system, there may still be legal defenses available, including:

• Inaccurate testing equipment
• Improper procedures
• Violation of your constitutional rights

Your DUI lawyer can evaluate these issues and determine whether the results can be challenged or excluded from evidence.

Key Differences: Implied Consent vs. Criminal Conviction

It’s important to understand that implied consent violations are civil/administrative matters, while DUI charges are criminal offenses. That means:

Legal Issue	Type	Result
Refusal of chemical test	Administrative (DDS)	1-year license suspension (ALS)
DUI conviction	Criminal (court)	Jail time, fines, probation, DUI school, etc.

 

You can be found not guilty of DUI in criminal court and still suffer a license suspension under the Implied Consent Law.

Why You Need a DUI Lawyer

Georgia’s Implied Consent Law is harsh, and the administrative penalties can take effect before your criminal case even begins. If you’ve been arrested for DUI—especially if you refused testing—contact an experienced DUI lawyer immediately.

A skilled Georgia DUI attorney can:

• File your ALS appeal within the 30-day deadline
• Represent you at the DDS hearing
• Fight to reinstate your license or secure a limited permit
• Challenge the legality of the stop, arrest, or testing
• Build a comprehensive defense for your criminal case

Know Your Rights, Protect Your License

Georgia’s Implied Consent Law is designed to help law enforcement prosecute DUI cases, but it also creates serious risks for drivers, especially first-time offenders who are unaware of their rights. Refusing a chemical test may seem like a way to protect yourself, but it can actually result in harsher consequences than submitting.

If you’ve been arrested for DUI in Georgia, don’t wait. The clock is ticking on your ability to challenge your license suspension and protect your future. Reach out to a knowledgeable DUI lawyer as soon as possible to begin your defense.

Need help navigating a DUI charge or Implied Consent violation in Georgia?

Call 1-888-839-4384 for a FREE CONSULTATION with a top rated Georgia DUI lawyer today!