Law Office of Matthew T. McNally Articles Implied Consent under Georgia Law

Implied Consent under Georgia Law

By Law Office of Matthew T. McNally  Jun. 4, 2013 11:34a

Section 40-5-55 of Georgia law describes the legal concept of "implied consent." This concept means that licensed drivers in the state give their consent to be chemically tested for intoxication as part of the conditions of being granted a license. The law states that any person who drives or is in actual physical contact with a moving vehicle in violation of traffic laws is considered a "direct and immediate threat" to the safety of others. Because of this, drivers will have been deemed to consent to chemical test of breath, blood, or urine or other bodily substances to determine the presence of alcohol or drugs if they are arrested by law enforcement or involved in a traffic accident resulting in injuries or deaths.

The testing is done when a police officer has "reasonable grounds" to suspect that the driver was in violation of any traffic laws or codes while operating a vehicle. The police officer has the discretion of designating which tests will be administered. Any driver who is unconscious, dead, or in an otherwise incapacitated condition shall be considered to not have withdrawn his or her consent for testing requested by a police officer. Under this section of Georgia law, a traffic accident involving injuries or fatalities is defined as "any motor vehicle accident in which a person was killed or in which one or more persons suffered a fractured bone, severe burns, disfigurement, dismemberment, partial or total loss of sight or hearing, or loss of consciousness."

DUI and Criminal Defense in Atlanta, Georgia

Drivers facing DUI charges in Georgia are subject to an array of penalties whose severity will depend upon their blood alcohol concentration, whether they caused a traffic accident, and any previous DUI convictions. These penalties include jail time, heavy fines, probation, a driver's license suspension, community service, and a Risk Reduction program. These penalties can seriously disrupt your life and a conviction will result with a criminal misdemeanor or felony record, depending on the circumstances.

If you are facing DUI charges in or around the Atlanta area, the best action you can take is to contact an experienced DUI defense attorney as soon as possible. To get the legal guidance and representation you need, contact the firm to schedule a free case evaluation immediately following your DUI arrest.

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