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DUI Implied Consent

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Implied Consent: Georgia & Atlanta DUI Laws

In order to fully protect yourself and your best interests, you need to be fully informed of the latest Atlanta DUI laws and regulations. One common point of confusion is with implied consent in Georgia, which is really one element of a larger series of legal regulations. Use our guide below to learn more, and contact an Atlanta DUI attorney at the Peachstate Lawyer by calling 404.581.0999 for a free case evaluation today.

Why can my license to drive be suspended administratively, and again, if I am convicted of DUI in Atlanta?

This is a good question. Atlanta DUI laws consider driving as a privilege and not a right. On the administrative end, the law provides the DDS may take your license (remember they look at it as a privilege which they are revoking) if there is a showing that you were more likely than not driving under the influence (DUI). This standard is much lower than in a criminal case where the standard of proof is beyond a reasonable doubt. On the criminal end, if you are convicted of a DUI, the legislature has deemed suspension of your license to be punishment for DUI. This informational will only address the administrative portion.

If you requested a hearing, the DDS will send you, and your Atlanta DUI attorney, a notice of a hearing date, time and location. The officer who stopped you is required to testify in front of an administrative law judge in Atlanta. The scope of the hearing is limited to the following:

(A) Whether the law enforcement officer had reasonable grounds to believe the person was driving, or in actual physical control of a moving motor vehicle, while under the influence of alcohol or a controlled substance and whether the person was lawfully placed under arrest for violating Code Section 40-6-391; or

(B) Whether the person was involved in a motor vehicle accident or collision resulting in serious injury or fatality; and

(C) Whether at the time of the request for the test or tests the officer informed the person of the person’s implied consent rights and the consequence of submitting or refusing to submit to such test; and

(D) Whether the person refused the test; or

(E) Whether a test or tests were administered and the results indicated an alcohol concentration of 0.08 grams or more, or an alcohol concentration of 0.02 grams or more for a person under the age of 21, or an alcohol concentration of 0.04 grams or more for a person operating or having actual physical control of a commercial motor vehicle; and

(F) Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine, at the time of the test, was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order, which shall be required. A copy of the operator’s permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph.

If the judge believes the officer legally satisfied the aforementioned requirements of implied consent in Georgia and the above Atlanta DUI laws, your license shall be suspended. There are also the following considerations to keep in mind: Atlanta DUI laws show the following for a refusal to take the requested BAC test (and lose the ALS hearing):

If you refused to take the State’s breath test for your DUI, your license/privilege to drive in Georgia shall be suspended for one year. You will not be eligible for a temporary/limited driving permit. The suspension ages off at the end of 1 year.

You took the requested test, and your breath/blood results were over .08 (and lose the ALS hearing):

Your license/privilege to drive will be suspended for 1 year; however, after 30 days from the effective date of suspension, you may apply for reinstatement of his/her license, provided you do the following:

  1. Submit an original certificate of completion of an approved DUI Alcohol/Drug Use Risk Reduction Program;
  2. Remit a $210.00 restoration fee (or $200.00 if reinstatement is processed by mail).

This suspension will not age off, but will remain active until you have completed the requirements listed above.

Note: Suspension time pursuant to an Administrative License Suspension pursuant to O.C.G.A. §40-5-67.1 shall be counted toward fulfillment of any period of suspension subsequently imposed as a result of a conviction of violating O.C.G.A. §40-6-391 which arises out of the same violation for which the Administrative License Suspension was imposed. O.C.G.A. Code Section 40-5-67.2(b).

Note: In the event you are acquitted in a criminal trial or such DUI charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated and deleted from the driver’s license record.

Contact the Peachstate Lawyer today to protect yourself and your best interests. Call 404.581.0999 and we’ll tell you more about how we can help you as your new Atlanta DUI attorney.

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Call: (404) 581-0999
Fax: (404) 581-0998

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100 Peachtree St.
Atlanta, GA 30303

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