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Implied Consent

Whenever you get behind the wheel of a motor vehicle, under the Georgia Implied Consent law, you agree to provide a sample of your blood, breath, or urine for alcohol or drug testing if an officer has probable cause to arrest you. Before you drive in Georgia, it is a good idea to familiarize yourself with what the Implied Consent law means and how it affects your rights.

You Don’t Have to Be Drunk

The Georgia  Implied Consent Law also incorporates the use of drugs or other impairing substances, not just alcohol. If the police have a reasonable suspicion that you are under the influence of drugs, they will most likely want to obtain a sample of your urine for testing.

The major problem with the GA DUI urine test is that it only measures the presence of these mind-altering compounds after they have been broken down by your body. Under most circumstances, the reason these compounds are found in your urine is because your body has already processed them and is now excreting them as waste. For instance, if you took a sleeping pill last night, then drove to work this morning, your urine would likely show the evidence of that sleeping pill in your urine. You took that pill hours ago, you’re alert and awake now, but a urine test will show that you have the drug in your system and you would be charged with a Georgia DUI.

The Officer Must Have Probable Cause

The police must have probable cause to detain and arrest you in order for any of the evidence against you to be used in court. If Savannah DUI lawyer Matt Hube can dispute the basis for your arrest in front of a judge, then all evidence gathered by the officer may be inadmissible.

You Don’t Have to Be Driving

In order to be charged with a GA DUI, the state must prove that you were in physical control of the vehicle at the time of your arrest. The details surrounding this are shady and the point is a difficult one to prove. “Physical control” does not mean that you were driving, or even that you intended to drive. It just has to prove that you could have. In most cases, sitting in the driver’s seat with your keys in hand is enough to convict you of a Georgia DUI—even if you were taking a nap.

If You’re Unconscious, the Police Can Take Your Blood

Remember, under the Georgia Implied Consent law, you consented to blood, breath, and/or urine tests the second you got behind the wheel. This means that if you are unconscious and taken to the hospital for medical attention, the arresting officer can have the doctors or nurses draw a sample of your blood for testing. After reading you the Implied Consent Warning, the officer will wait for you to object (being unconscious, you naturally won’t) and then draw your blood without your knowledge.

If you have been charged with a DUI in Savannah or Statesboro, call Savannah DUI lawyer Matt Hube’s office today. There are a number of defenses that can be used to fight your charge in court, including whether or not the officer followed the Implied Consent procedures. You only have a limited time to appeal your license suspension. Call us today for a free consultation!