Currently, the Georgia Consent Law (also known as the Implied Consent Law) places punishment on drivers who refuse to undergo a breath test or provide a blood sample on demand. Is that Constitutional? Maybe not. A recent Supreme Court ruling means the Georgia Consent Law is about to get a closer look, and may soon be a thing of the past.
The Georgia Consent law essentially allows for a search without a warrant. It says that an officer who has probable cause to think you’re driving under the influence arrests you, then you automatically consent to a blood, breath, or urine test, in order to determine your blood alcohol content. The officer must inform you of the reason for the test, but he also gets to choose which test will be administered. Some people think that by refusing, they’re weakening the state’s DUI case against them, but this is inaccurate. If you refuse chemical testing, your license will be suspended for at least a year, and your refusal can be used against you in court. The truth is, if you have a Georgia license you already gave your consent: it was part of the paperwork you signed when you got your license.
How does this fit with the Fourth Amendment right to be safe from illegal search? Maybe not so well. Nothing is official yet, but in March 2015, a Supreme Court decision laid down groundwork for a future ruling that could end the Georgia Consent law. In response to a county judge ruling that Fourth Amendment concerns are irrelevant in an implied consent case, the high court disagreed.
According to Presiding Justice P. Harris Hines, “”A suspect’s right under the Fourth Amendment to be free of unreasonable searches and seizures applies to the compelled withdrawal of blood, and the extraction of blood is a search within the meaning of the Georgia Constitution.”
This could change the way Georgia DUI cases are handled in the future, but does it impact a DUI charge against you right now? Unfortunately, no. If you’re currently facing DUI charges, your best bet is to quickly get help from an attorney who is well versed in fighting DUI cases, and can get you the best possible result.
Talk With A DUI Attorney Who Understands The Georgia Consent Law
Ray Giudice is just the type of attorney you need if you’re facing a DUI in Georgia. Ray Giudice has the knowledge and experience to effectively represent you in court, as well as recent jury trial experience. If you have been accused or arrested for DUI, contact the law office of Ray Giudice at (404) 554-8800, or call Ray on his cell (404) 964-4185, to schedule an appointment for a free consultation. Our phones are answered 24 hours a day, seven days a week.
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