When you operate a motor vehicle in Georgia, the Implied Consent Law requires you to provide a sample of your blood, breath, or urine for alcohol or drug testing if a police officer has probable cause to arrest you. Understanding the implications of this law can help protect your rights during a DUI investigation.
Key Aspects of the Implied Consent Law
- Covers Alcohol and Drugs
Georgia’s Implied Consent Law applies not only to alcohol but also to drugs and other impairing substances. A positive urine test can detect drugs that have already been processed by your body, even if they no longer impair you. For example, if you took a sleeping pill the night before and are now fully awake, a urine test might still show evidence of the drug, potentially leading to a DUI charge. - Probable Cause is Required
Police officers must have probable cause to arrest you before requesting a sample. If Savannah DUI attorney Simon Peed can prove that the officer lacked probable cause, any evidence gathered may be inadmissible in court. - You Don’t Have to Be Driving
A DUI charge in Georgia does not require you to be actively driving. Merely being in “physical control” of a vehicle—such as sitting in the driver’s seat with keys in hand—can result in a DUI conviction, even if you had no intention to drive. - Unconscious Testing
If you are unconscious after an accident or medical emergency, the police can draw your blood without your explicit consent. The officer will read the Implied Consent Warning, and in the absence of an objection, your blood can be tested.
Defending Against Implied Consent Violations
Simon Peed, Savannah DUI attorney, knows how to challenge the procedures surrounding Georgia’s Implied Consent Law. For instance, if the officer did not follow proper protocol, it might invalidate the evidence against you.
