Blood Alcohol, Breath, and Urine. Is the driver required to submit to a test of the driver’s breath, blood or urine to determine if the driver is under the influence of alcohol or drugs? What are the tests that you are required to give? This is commonly referred to as “Implied Consent” under DUI law. Georgia’s Implied Consent statute requires that a person arrested for DUI must submit to a state-administered chemical test when requested to do so by a law enforcement officer acting within the scope of his lawful duties. However, a DUI-defendant is not required to submit to testing if he or she has not been properly informed of his implied consent rights, and generally, the officer must place the driver under arrest prior to giving the implied consent advisement and/or requesting a test. The key here is (a) a valid arrest and (b) whether the officer complied with Georgia statutory mandate which requires that at the time that the officer requests that the DUI-defendant take a state-administered test, specific advisement must be read to the defendant. Georgia law no longer requires that the officer read the “exact language”, but rather the implied consent is subject to the officer reading the proper advisement at the right time, allowing a free choice, and facilitating an independent test if requested by the driver.
Ted Morgan LawBy