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Georgia Car Accident Attorney I Implied Consent Explained

Gwinnett County Accident Attorney Shane Smith Details How Implied Consent Works for Drivers in Georgia

Since driving is a privilege, and not a right, in Georgia, those who choose to operate a motor vehicle automatically agree to “Implied Consent.” Implied consent in Georgia is codified into law through O.C.G.A § 40-5-67.1. Therefore, when a law enforcement officer has a reasonable suspicion, at a sobriety checkpoint or through a random traffic stop, may ask a motor vehicle operator to submit to a field sobriety test.

What Does Implied Consent Mean?

Beyond the obvious benefit of giving law enforcement officials with the power to take intoxicated drivers off the road, different classes of drivers’ sobriety will be determined if they are in fact driving sober or not.

If you have been involved in an auto accident with an intoxicated driver contact a Gwinnett County car accident attorney. Victims of drunk driving accidents in Georgia often suffer physical and emotional damages that include emergency and long term medical treatment, rehabilitation treatment, lost wages, emotional distress, lost wages and other types of damages. Call the Law Offices of Shane Smith to learn what your legal rights are by speaking with a Norcross DUI accident attorney at (770) 487-8999.   

Different Levels of Sobriety in Georgia                         

If you are under 21 years old, 21 years of age or older or drive a commercial vehicle, different blood alcohol content (BAC) levels for each group mean legal intoxicating while operating  a motor vehicle.

Drivers Under 21

If you are under the age of 21 and you have a blood alcohol content (BAC) level of 0.02 or greater, you are considered legally intoxicated.

Drivers 21 Years Old and Above

If you are 21 years old or older and you have a blood alcohol content (BAC) level of 0.08 or more, you are legally presumed to be driving drunk.

Commercial Vehicle & Truck Drivers

Assuming you are at least 21 or older, you are driving a commercial vehicle and have a blood alcohol content (BAC) level of 0.04 or more, you are presumed to be legally drunk.  

Refusing Sobriety Tests

Since all drivers implicitly consent to a field sobriety test, they are expected to have their sobriety evaluated whenever they are on the road. However, when a driver, regardless of the operator’s actual blood alcohol content (BAC) level, refuses to perform field sobriety tests, they can be immediately arrested and may have their licenses suspended for a minimum of one year. Unfortunately, not all drunk drivers are caught and serious and fatal results happen.

If you have been injured in a drunk driving auto accident, contact a Gwinnet County car accident attorney to see what your legal rights are. You will have your case circumstances evaluated including the at-fault parties, your damages and future medical prognosis. Your Georgia DUI accident attorney will inform you of your legal rights during your free consultation. Call (888) 927-6955 today!


Shane Smith
Advocate for the Seriously Injured in Georgia