What is An Implied Consent Law? How Does It Affect Me in Atlanta?

What is An Implied Consent Law? How Does It Affect Me in Atlanta?
A DUI law book.

Getting stopped by the police while you’re driving can be nerve-wracking. Even if you don’t think you’ve done anything wrong, you may still be scared. If you have a busted taillight or you were going a little above the speed limit, you may be even more worried. Everyone has heard horror stories about interactions with police officers. However, it’s important to know the law so you can protect your rights and avoid incriminating yourself.

You may already know that you can be arrested if your blood alcohol concentration is .08 percent or above. Police officers will often ask drivers to submit to a breathalyzer test. Some drivers assume that if they refuse to test, they can avoid arrest. However, this isn’t the case. One of the most significant regulations you need to know about is the implied consent law. If you’re unsure about what this is, this post is here to help. A DUI lawyer in Atlanta can answer questions relating to your specific case.

What Does the Implied Consent Law State?

If a police officer pulls you over and arrests you for a suspected DUI, you must submit to a chemical test. This means a blood, breath, or urine test. Breathalyzer tests are most common if a driver is suspected of operating a vehicle while under the influence of alcohol. Testing is also mandatory if you get involved in an accident that results in serious injury or death. Serious injuries include serious burns, broken bones, and loss of consciousness.

If your breathalyzer test shows you’re under the legal limit, the officer may decide to test for drugs. Unlike field sobriety tests which are voluntary, chemical tests aren’t optional.

A DUI law book.

That’s because of the implied consent law. If you refuse, you will face driver’s license suspension and possible jail time.

The implied consent law assumes that by deciding to drive on Georgia’s roads, you’ve already agreed to chemical testing. Driving is seen as a privilege and not a right. It doesn’t matter whether you think the police have grounds for arresting you or not. Refusing to take a breath test can make your situation worse rather than better. That’s why it’s best to comply with the law. If you believe that your rights were violated in some way, you should seek the advice of an attorney at the earliest opportunity.

How Can a Georgia DUI Attorney Help Me?

If you didn’t know the law and you refused to test, you could be facing serious consequences. On top of the DUI charges, you could be facing penalties associated with violating the implied consent law. You need to contact a DUI lawyer for representation. They will guide you through the legal process and work with you to achieve the best outcome possible.

You could be facing a complicated legal process, but having an attorney represent you can make a big difference. DUIs can result in harsh outcomes. In addition to fines and jail time, you could face additional penalties. These include ignition interlock devices, alcohol assessments, and substance abuse classes. If you plead guilty or you’re found guilty, you’ll face some type of punishment.

However, a Georgia DUI attorney may be able to ensure you get the minimum punishment. Attorneys know the law relating to DUIs and they will review all the facts surrounding your case. They will then provide you with all the information you need concerning your case. Fighting a DUI charge on your own is extremely difficult so you shouldn’t attempt it. Breaking the implied consent law can make things even worse for you. Even if it’s your first offense, you could face jail time. Then, there are the professional repercussions and social stigma to consider. With so much at stake, you need sound representation from an experienced legal professional.

Speak to a DUI Lawyer at Howard & Arca Today!

Whether you flouted the implied consent law or you’re facing a simple DUI charge we can help you. If there are grounds for fighting the charge, we’ll do everything we can to get you off. Otherwise, we’ll work hard to get you the minimum sentence. We can also help you to understand all the laws that apply to your case and advise you about your options. Contact us today to set up a consultation with a skilled Georgia DUI attorney and let us help you get through this uncertain time.

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