Georgia's Implied Consent Law
Posted on Sep 24, 2012 10:17am PDT
Driving is a Privilege, Not a Right
Whenever we jump in the car to pick up our kids from school, run to the
grocery store, stop by the bank and run our constant errands, we never
stop to think about the possibility of not having any means of transportation.
What if you didn't have a valid license? It is important to remember
that in the United States, driving is a privilege and not a right and
it can be take away from you. This is especially relevant in the state
of Georgia, under the "Implied Consent Law." Under this statute, if you are pulled over under suspicion of drunk
driving or driving under the influence of drugs, and you refuse to submit
to a chemical test then your license can be automatically suspended. Simply
by having a Georgia driver's license, you have already given your
implied consent and by failing to comply, you can receive harsher punishments
for your DUI charges.
Many drivers refuse to cooperate and take a breath, blood or urine test
so that law enforcement officials will have a more difficult time convicting
them and gathering evidence to charge them with DUI. This behavior in
fact, can cause more harm than good for you case. By refusing a chemical
test, the courts believe that you are admitting guilt and you have something
to hide. Law enforcement officials are trained to determine sobriety in
other ways, they will check the dilation of your pupils, conduct field
sobriety tests, and smell the hints of alcohol in your breath.
Field sobriety tests are physical demonstrations that test your balance
and coordination abilities. If you are under the influence however, these
simple tests become much more difficult to perform. Walking in a straight
line or balancing on one leg could help peace officers determine you sobriety
but they are not always accurate. If you have been arrested for
DUI and refused a chemical test, I urge you to contact a DUI defense lawyer
immediately and begin taking up the proper legal protection. Your license
may be automatically suspended and you need to fight for your right to drive.
The Georgia courts will make it a point to
penalize anyone who fails to comply and cooperate under the Implied Consent Law.
That is why you need hard-hitting defense fighting in your corner to help
protect against the tough prosecution. Our legal team at the
Law Office of Robert L. Booker will fight vigorously to have your charges reduced or reduced completely.
We may be able to find loopholes and flaws within the prosecutor's
defense and have the evidence against you deemed inadmissible. Our firm
will protect your rights and your best interests. Contact our Lawrenceville
office today for qualified
defense you can trust with your DUI charges.