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Friday, April 17, 2015

Georgia DUI Law and “Implied Consent”

DUI law – like any aspect of law – is complex and subject to change based upon new court rulings.  The recent ruling by the Supreme Court of Georgia may impact whether an officer can obtain a blood sample without a warrant, even with a driver’s consent.  

 

DUI Stops, Blood Tests and “Implied Consent”

 

“Implied consent” is the specific aspect of DUI law that is currently under scrutiny.  The analogy provided in a recent AJC article compared the “implied consent” of a driver who agrees to a blood test to the “implied consent” of a child who is forced to clean up his room after he was told he would be grounded if he didn’t immediately comply with his parent’s wishes.  Similarly, an officer may tell a driver during a DUI stop that he or she may lose their license for a year unless they comply with a blood-alcohol test.  In either case, is the person acting freely and voluntarily?  Or are they simply reacting to the threat of an immediate penalty?  The recent Supreme Court ruling said that implied consent in these situations is not necessarily given “freely and voluntarily.”  This opinion is consistent with the ban against “unreasonable searches and seizures” found in the U.S. Constitution

 

Tips on How to Handle a DUI Stop

 

A DUI stop can be stressful and intimidating.  Nerves, medical conditions and adrenaline can contribute to failed roadside tests and/or impulsive decisions.   Click here to read a previous blog post that provides useful tips when encountering a DUI stop.  A DUI is a serious offense that needs to be taken seriously because it can affect your personal, professional and financial well-being.  And it’s important to know that if you are arrested for DUI, there is a 10-day rule in Georgia, which means the clock is ticking and you need to take action.  Even if you know that you were sober at the time of your arrest, you still need to reach out to an experienced DUI attorney as soon as possible.

 

If you have been arrested for DUI in Georgia, contact experienced criminal law attorney Christopher Chapman at cchapman@smithwelchlaw.com or call 770-389-4864.  Prior to his admission to the bar, Christopher spent six years in law enforcement and has experience of being a former prosecutor in Henry County State Court.  Smith, Welch, Webb and White is recognized as a premier law firm throughout the state of Georgia.  Our team of experts routinely handles a wide range of legal matters, and will provide outstanding service for you, your family or your business.

 

 

Any representations regarding the law in this Blog is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.


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