Georgia Implied Consent Card: Official Wording and Law

By: William C. Head, Atlanta DUI Lawyer with 47+ Years of DUI Defense Experience

In Georgia, police officers who arrest a motorist for DUI must read the proper language from one of three Georgia implied consent law notices. The notice you receive depends on your age, license type, and your legal alcohol limit. If the officer fails to read any part, does not read it on time, or makes other errors, this may be grounds for dismissal. The official Georgia implied consent card appears below.

A Brief Definition of the Georgia Implied Consent Law

Georgia law conditions your privilege to drive on your submission to chemical testing if you are arrested for DUI. If you refuse this test, your driver's license will be suspended for a minimum period of one year.

Blood Alcohol Content Limits That Determine Which Notice Is Read

Georgia law sets different legal blood alcohol limits based on your age and license type. These thresholds determine which version of the implied consent warning you receive after a DUI arrest. The limits are:

• Drivers 21 or older: 0.08 percent
• Drivers under 21: 0.02 percent
• Drivers operating a commercial motor vehicle (CMV): 0.04 percent

Each implied consent card and warning appears in the green card shown below.

Implied Consent Warnings by Driver Type as Stated on the Georgia Implied Consent Cards

Below are the precise words of the three official Georgia implied consent warnings found in Georgia DUI laws:

CDL Implied Consent in Georgia: What Commercial Drivers Need to Know

What does CDL implied consent mean for a commercial driver in Georgia?

By driving a commercial motor vehicle anywhere in the state, a Georgia commercial driver's license holder has already agreed to state-administered chemical testing. This testing applies when arrested for DUI. Under Georgia law, that consent follows the act of driving a commercial vehicle, not the license itself.

The BAC threshold for commercial vehicle operators is far stricter than the standard limit. Under Georgia law, a person may not drive or control any moving commercial motor vehicle with 0.04 percent or more by weight of alcohol in the driver's blood, breath, or urine. This is half the 0.08 percent limit for non-commercial drivers age 21 and older. CDL implied consent applies whenever the driver operates a commercial vehicle at arrest, whether on or off duty.

The penalties for refusing a post-arrest chemical test are more severe for CDL holders. Under Georgia law, a first refusal results in CDL disqualification for a minimum of one year.

A second or later refusal is classified as a major traffic violation. It may result in lifetime CDL disqualification. These penalties are stricter than the one-year suspension non-commercial drivers face for a first refusal.

Commercial drivers should also understand that a DUI arrest in a personal vehicle can trigger CDL consequences. A DUI conviction on a standard driver's license counts as a major traffic violation for CDL purposes.

The administrative license action – called the ALS suspension – comes from the Department of Driver Services. This proceeding is separate from the criminal DUI case. A CDL holder could face disqualification through the administrative process even if the criminal charge is later reduced or dismissed.

For CDL holders, implied consent means CDL privileges are at risk any time a chemical test is requested after a lawful DUI arrest.

The stakes are higher. The BAC threshold is lower. The disqualification periods are longer. Any commercial driver facing these issues should consult a Georgia DUI attorney promptly.

Implied Consent Notice for Drivers Under Age 21

Implied consent notice for suspects under age 21: "The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.02 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?"

Implied Consent Notice for Drivers 21 or Over

Implied consent notice for suspects age 21 or over: "The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?"

Implied Consent Notice for Drivers Operating a Commercial Motor Vehicle

This warning applies to Georgia CDL holders operating commercial vehicles at the time of arrest.

Implied consent notice for commercial motor vehicle driver suspects: "The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate the presence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a commercial motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?"

Under Georgia law, the implied consent warning must be read in full. It does not need to be word-for-word. The meaning must remain intact.

According to Georgia law, if a law enforcement officer uses the notice to advise a person of his or her rights regarding chemical testing, that person is deemed properly advised under the implied consent statute and under the statute that governs the admission of chemical test evidence. The results of any chemical test or the refusal to submit to testing may be admitted into evidence. The notice must be read in its entirety but need not be read exactly so long as the substance remains unchanged.

For a plain-English breakdown of what this CDL warning means for commercial drivers – including the lower BAC threshold, disqualification periods, and defense strategies – see the CDL Implied Consent section above.

Three Ways to Beat a DUI in GA Based on Implied Consent Errors

Both the timing and the wording used by the officer during the implied consent reading can help you beat a DUI in Georgia. Errors in reading the implied consent notice can put your driving privileges back in play.

Timing matters. If the officer does not read the implied consent notice in a timely manner right after arrest, this may be grounds for dismissal of the breath, blood, or alcohol test evidence. The only exception to this rule is if an accident occurred at the scene.

The warning must be read in full but not word-for-word. The implied consent warning tells you of the consequences of refusal. It must give you enough information so you can make an informed decision. You must know whether to refuse or accept the post-arrest chemical test.

If the officer does not read the implied consent notice fully as written on the correct Georgia implied consent card, your DUI case may be dismissed on those grounds. However, making minor errors will not end the case. See Sauls v. State.

Different tests may require re-reading the warning. In Georgia, the post-arrest interaction can involve more than one type of test. The officer can request multiple chemical tests.

But the implied consent statute lets the officer later require tests of substances not initially tested, so whether he or she must read the notice on the Georgia implied consent card again is a question of Georgia case law rather than statute. If the officer did not repeat the notice, your results may be open to challenge.

The only way to find such legal grounds to help win your drunk driving case is through careful investigation. You also need a full understanding of Georgia DUI laws. This requires a DUI lawyer who has proven successful at beating DUI license suspension based on the Georgia Implied Consent law.

If the officer fails to read the correct warning for your BAC legal limit, the attorney can file a motion. If the officer does not read the full implied consent warning, the attorney can file a motion. If the officer makes major errors in reciting the card language, the attorney can file a motion. These motions seek to have your pending license suspension removed from the Georgia Department of Driver Services records.

William C. Head, known to clients as Bubba Head, and the two law partners at his DUI law office have won over one thousand Georgia DUI cases based entirely on "implied consent" legal attacks over his 47-year career. See Mr. Head's list of 10 Tips for Beating a DUI by winning Georgia's implied consent law part of your DUI in Georgia. His law partner Cory Yager is a former police officer and law enforcement trainer. Mr. Head's lawyer recognition page lists his professional ratings and awards.

But the only way to know if this is an option in your DUI case is to speak with a DUI defense attorney who focuses on driving while intoxicated cases in Georgia. He and his two law partners deal with similar Georgia implied consent law issues daily.

Because he has authored the most widely read drunk driving defense lawyer book used by Georgia DUI lawyers and prosecutors for over 25 years, William C. Head must stay current with all new developments in drunk driving defense. All three partners in the firm are published co-authors in national legal publications.

Commercial drivers have an added defense angle worth noting. If the officer read the standard age-21-or-over implied consent warning to a driver operating a commercial motor vehicle at arrest, the wrong statutory notice was given.

Georgia law requires that commercial motor vehicle drivers receive the CDL-specific warning. This warning includes the 0.04 percent BAC threshold and CDL disqualification language rather than standard license suspension language.

Reading the wrong version may be grounds to challenge both the admissibility of the chemical test evidence and any resulting CDL disqualification. This officer error happens often. A Georgia DUI attorney familiar with the three implied consent warnings can evaluate whether the correct card was read.

Speak With a Georgia DUI Attorney About Your Implied Consent Case

Implied consent errors can affect the outcome of a Georgia DUI case. An attorney familiar with the implied consent statute can review whether the officer read the warning in a timely manner. The attorney will also check whether the correct version was read for the driver's age and license type. The attorney will determine whether any major errors occurred during the recitation. That same review covers the traffic stop, the field sobriety tests, and the paperwork behind any license suspensions.

For CDL holders, an extra layer of review applies. If the officer failed to read the commercial motor vehicle warning, the chemical test results and CDL disqualification may be subject to challenge.

CDL implied consent violations carry severe consequences. These include potential lifetime disqualification. The penalties for refusal reach past the criminal case, because refusing to submit to the state test starts a separate license action. Prompt legal review is critical.

William C. Head, PC offers a free consultation to drivers facing DUI charges in Georgia. Whether your case involves a standard implied consent issue or a CDL-specific warning error, our attorneys can evaluate the facts of your situation and explain your options.

You have only 30 days from the date you receive the notice of suspension to file a license suspension appeal or request an ignition interlock device permit. Our guide to the license appeal process explains each step. Call (404) 567-5515 for a free consultation, 24 hours a day.

A DUI conviction also appears on your criminal record. Contact our firm today to discuss your case.

Past results do not guarantee a similar outcome. Every case is different. The strength of an implied consent challenge depends on the specific facts of your arrest.

More Articles About Georgia's Implied Consent Law

Click any of the links below to learn more about Georgia's implied consent law and how it may affect your DUI case:

Implied Consent Laws and Your Driver's License

Alcohol Tests Under Georgia's Implied Consent Law

DUI Test Refusal and Georgia's Implied Consent Law

Driver's License Loss and Implied Consent Law

7 Ways to Have License Suspended by Implied Consent Law

Avoiding DUI License Suspension Under Georgia Implied Consent Law

Implied Consent 30-Day DDS Letter

Miranda Rights Are Not Part of Georgia Implied Consent Law in a DUI Arrest

GA Implied Consent Law: License Suspension in GA

Can I Talk to a DUI Lawyer in GA before Taking the Implied Consent Test?

Implied Consent and DUI Less Safe in Georgia

Georgia Implied Consent Law Interlock Option

Frequently Asked Questions

What Does Implied Consent Mean for a CDL Driver in Georgia?

For a CDL driver, implied consent means that driving a commercial motor vehicle anywhere in the state creates automatic consent. The driver agrees to submit to state-administered chemical testing when arrested for DUI. Under Georgia law, any person who drives a commercial motor vehicle is deemed to have agreed to breath, blood, or urine testing. The BAC threshold that triggers consequences is 0.04 percent – half the standard 0.08 percent limit.

What Is the BAC Limit for a Commercial Driver Under Georgia Implied Consent Law?

The legal BAC limit for a person operating a commercial motor vehicle in Georgia is 0.04 percent. This is set by Georgia law. If a CDL driver submits to testing and results show a BAC of 0.04 grams or more, the driver faces disqualification from operating a commercial motor vehicle.

This disqualification lasts for a minimum of one year. Any detectable alcohol – even below 0.04 percent – results in a 24-hour out-of-service order.

Can a Georgia CDL Be Disqualified for Refusing an Implied Consent Test?

Yes. Under Georgia law, a first refusal to submit to a chemical test results in CDL disqualification for a minimum of one year. A second or later refusal may result in lifetime disqualification from operating a commercial motor vehicle. These penalties apply in addition to any suspension of the driver's standard license.

Does a DUI Arrest in My Personal Vehicle Affect My Georgia CDL?

A DUI arrest in a personal vehicle can affect your CDL.

A DUI conviction on a standard license counts as a major traffic violation for CDL purposes. Even if you were not driving a commercial vehicle at the time, the conviction may trigger CDL disqualification. The administrative license suspension (ALS) and the criminal DUI case are separate proceedings. Both can carry CDL consequences.

What Happens if the Officer Reads the Wrong Implied Consent Warning to a CDL Driver?

If the officer reads the standard age-21-or-over implied consent warning instead of the commercial motor vehicle warning, this may be grounds to challenge the test results and any CDL disqualification. The CDL warning contains different language about disqualification periods and the 0.04 percent threshold. A Georgia DUI attorney can evaluate whether the wrong warning was read and what effect that error may have on your case.