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 immediately read the proper language of one of three Georgia implied consent law notices to the detained driver. The ‘notice’ you are read depends on the legal alcohol limit for your age range and your driver’s license status. If the officer fails to read any part, doesn’t read the warning within the prescribed time, or makes any other errors, this may be grounds for dismissal. The official Georgia implied consent card is presented below.

A Brief Definition of the Georgia Implied Consent Law

The Georgia Implied Consent Law (OCGA 40-5-67.1) states that if you are suspected of driving under the influence in GA, as a condition of driving on public roads, that you ‘consent’ to provide an officer with a post-arrest breath, blood, or urine test. If you refuse this post-arrest test, your Georgia driver’s license may be suspended for one year.

Blood Alcohol Content Limits That Determine Which Notice is Read

Georgia law assigns different legal blood alcohol concentration (BAC) limits based on your age and license type — and these thresholds determine which version of the implied consent warning you’re read after a DUI arrest. These BAC limits are:

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

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

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

Below is the precise wording of the 3 official Georgia implied consent warnings found in OCGA 40-5-67.1 of Georgia DUI laws:

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 a blood or urine testing may be offered as 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 a blood or urine testing may be offered as 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 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 a blood or urine testing may be offered as 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 its entirety — but not word-for-word — as long as the meaning remains intact. According to OCGA § 40-5-67.1:

If any such notice is used by a law enforcement officer to advise a person of his or her rights regarding the administration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section and under OCGA Code Section 40-6-392 and the results of any chemical test, or the refusal to submit to a test of such person’s blood or urine, shall be admitted into evidence against such person. Such notice shall be read in its entirety but need not be read exactly so long as the substance of the notice remains unchanged.

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 reading of implied consent can help you beat a DUI in Georgia.

1. Time. If the officer doesn’t read the implied consent notice in a timely manner immediately following arrest, this may be grounds for dismissal of the breath, blood, or alcohol test evidence. The only exception to this rule is if their was an accident at the scene.
2. The Georgia implied consent warning must be read in its entirety but not exactly. Because the Implied Consent warning is notifying you of the consequences of refusal, enough information must be provided so you can make an informed decision: whether you choose to refuse the post-arrest chemical test or not. So, if the arresting officer doesn’t read the implied consent notice fully as written on the correct version of the Georgia implied consent card, then your DUI case may be thrown out on those grounds. However, making minor errors will not. See Sauls v. State.
3. If different tests are requested, then the implied consent notice must be re-read. In Georgia, this post-arrest interaction doesn’t have to be limited to one type of test. In fact, the chemical test (of the officer’s choosing), can be more than one. But, each time the officer requests a different test, he or she must read the notice printed on the Georgia implied consent card again. If the police fail to do so, then your results may be inadmissible.

The only way such legal grounds are discovered to help win your drunk driving case is through thorough investigation and a comprehensive understanding of Georgia DUI laws. This requires a DUI lawyer near me 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 that corresponds to your BAC legal limit level or the full implied consent warning or he or she makes any substantive errors in the verbal recitation of the language on the card, an Atlanta criminal defense attorney who is also an experienced DUI lawyer can file a motion to have your pending license suspension successfully rescinded (removed) from the Georgia Dept. of Driver Services records.

William C. Head and the two law partners at his DUI law office near me have won over 1000 Georgia DUI cases based entirely on such “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.

But the only way to determine if this is an option in your DUI case is to speak with a DUI defense attorney who specializes in 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 (on Georgia DUI law) for over 25 years, William C. Head must stay abreast of all new developments in drunk driving defense. In 2021, all three partners in the firm are published co-authors in national legal publications.

Hire an Expert DUI Attorney Who Has Handled Thousands of Implied Consent Cases

To our clients, WINNING is everything. We cannot handle EVERYONE’S case and do not want to try. We want those clients who intend to keep a DUI off their criminal history.

If you choose to hire a cheap DUI lawyer, understand those consequences: Georgia appellate courts have ruled that most decisions to not bring evidence forth in your defense are ‘strategic’ in nature and WILL NOT undo your license suspension as a result based on implied consent in Georgia.

The Court system will not UNDO your license suspension based on implied consent in Georgia. What better reason to seek the help of the veteran DUI attorney in Atlanta with the highest lawyer ratings?

To begin the license appeal process, please complete our online case evaluation form now for your FREE lawyer consultation. Call today at 404-567-5515 and receive a FREE consultation and a FREE PDF copy of Mr. Head’s national DUI book written expressly for clients facing DUI charges.

Call 45-year veteran Atlanta DUI attorney Bubba Head today and get honest answers to all your questions. Tell Bubba or his law partners everything that happened and everything you remember about your DUI arrest. Based on statistics in our office, the sooner you call us, the better your chances of winning your Georgia DUI case.

You now only have 30 calendar days to file a license suspension appeal or opt for an ignition interlock device (for arrests made July 1, 2017, and after). Changes in Georgia implied consent law license suspension rules have made fighting a DUI in GA easier to accomplish if your goal is to keep a DUI off your criminal record.

Failure to file a timely appeal before the 30-day deadline means that your Georgia driver’s license will be suspended for up to one full year! Talk to our DUI law firm near me, staffed by law partners Bubba Head, Larry Kohn, and Cory Yager now. We are available 24 hours a day, on weekends, and on all major holidays. (404) 567-5515.

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:

• What Does Implied Consent Mean?
• 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
• How Do I Get My License Back?
• 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