Georgia’s Implied Consent Law and What Refusal Means

Georgia’s implied consent law holds that anyone who operates a vehicle in Georgia has implicitly agreed to submit to a state-administered chemical test if arrested for DUI. That agreement isn’t optional after an arrest, and the consequences of refusing are immediate and separate from the criminal case.

If a driver refuses the state’s test, the Georgia Department of Driver Services may suspend the driver’s license for a minimum of one year on a first offense, regardless of whether a criminal conviction ever follows. A refusal suspension also eliminates eligibility for a limited driving permit, meaning there’s no restricted driving during the suspension period.

The arresting officer reads the implied consent warning at the time of arrest, informing the driver of these consequences and of the right to request an independent test after submitting to the state’s test. Whether the officer properly administered that warning and whether the driver’s conduct actually constituted a refusal under the law are legal questions that can affect both the ALS case and the criminal case. We examine those questions in matters where a refusal is alleged.