Refusal to Submit Implied Consent Test: Loss of Driving Privileges

An implied consent “warning” is advisement that informs you of what will happen to your license or privilege to drive if you refuse to take an official alcohol test. You will not have been asked to do so until the actual arrest occurs. “Refusal” of an implied consent test is defined to mean any conduct other than saying yes and submitting to the requested type of testing.

This can cause a one year loss in your driving privileges on your first offense, 3-year loss on your second offense, and 5-year loss on your third offense. DUI license suspension is one of many consequences for a DUI in GA.

What is the implied consent law?

In most cases, if a police officer has probable cause to believe that a person is  driving under the influence, “implied consent laws” require you to take a chemical test (using your blood, breath, or urine) to determine your blood alcohol content (BAC). Implied consent laws say that by driving on the road, one is agreeing to take a chemical test to assess your BAC.

These laws vary by state—particularly with regard to which test is required—but every state has them. For example, if other drugs are suspected, blood and/or urine tests may be requested. Requesting or demanding to speak to an attorney or faking cooperation with the testing has been determined (on appeals to several states’ appellate courts) to be a refusal. Refusal to submit to an implied consent test can result in a “hard” suspension (without any limited privileges to drive) for 12 months or longer, in some jurisdiction

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