Your Rights in Georgia AFTER Arrest for DUI

What happens IF you are arrested?

  1. Whether you take any of the roadside tests or not, if the officer has probable cause to believe you are an impaired driver, you will likely be arrested and taken to the station for processing and further testing.
  2. Immediately following your arrest, the officer MUST read you Georgia’s Implied Consent Statute. THIS IS IMPORTANT!!!
      • In Georgia, the statute provides that “…any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent…to chemical test or tests of his or her blood, breath, urine or other bodily substances for the purpose of determine the presence of alcohol or any other drug, if arrested for any office arising out of acts alleged to have been committed in violation of Code Section 40-6-391…” (i.e. DUI statute)
      • The officer is required to read you Georgia’s Implied Consent statute word for word. At the end, the officer will ask if you “consent to the chemical testing of you blood, breath or urine” (NOTE: The officer should specify a specific test).
      • You MUST either consent to testing OR decline consent. Refusing to “answer” will constitute a “refusal” and the consequences of refusing will apply. Most importantly, you ARE NOT ENTITLED to speak to a lawyer BEFORE consenting or refusing testing.
  3. This means that if requested, pursuant to Georgia’s Implied Consent Statute, you must provide a breath sample (not roadside) or you must provide a blood sample or a urine sample for testing. This is the first test that has REAL consequences.
      • If you consent to chemical testing of your blood, breath or urine under Georgia’s Implied Consent law and you are ABOVE the legal limit:
            • The test results will be used against you at trial to prove you were DUI “per se.”
            • You will likely be issued a DDS 1205 Form and your driver’s license will be “ADMINISTRATIVELY SUSPENDED” for one year unless you take action within 30 days.
            • There are ways to prevent this “automatic” suspension – see article about “Administrative License Suspension” (Click HERE)
      • If you consent to chemical testing of your blood, breath or urine under Georgia’s Implied Consent law and you are below the legal limit
            • The results can be used against you at trial to prove that you were an impaired driver and thus DUI “less safe.”
            • You will likely “retain” your license until your DUI charges are resolved
      • If you decline chemical testing of your blood, breath or urine under Georgia’s Implied Consent law:
            • You will be issued a DDS 1205 and your driver’s license WILL BE “ADMINISTRATIVE SUSPENDED” for one year unless you take action within 30 days.
            • Additionally, the prosecutor can assert that you declined testing because you knew the test would reveal the presence of alcohol (or drugs) and the jury can “presume” you had alcohol (or drugs) in your system.
            • There are ways to prevent this “automatic” suspension – see “Administrative License Suspension” (Click HERE)
      • NOTE: IF you have an OUT-OF-STATE license, your license in your HOME state MAY or MAY NOT be suspended, HOWEVER, your privilege to drive in the state of GEORGIA WILL BE SUSPENDED and likely reported to your home state. You will need to consult an attorney in your home state to determine the impact on your out-of-state drivers’ license.
  4. Miranda Rights. You may or may not be read your “Miranda Rights” – While this “can” be a big deal, it is often not a big deal during a DUI Stop, unless you are “interrogated” while “in custody” following your arrest. To learn more Click here or call us at (229) 520-5073 to schedule your free consultation.

What happens after release from jail?

  1. You will receive information on your court date. It is VERY IMPORTANT that you attend this court date or you will have a warrant issued for your arrest for failing to appear.
  2. You may receive a DDS 1205 Form (see above). This is also a VERY IMPORTANT document. You MUST DECIDE whether to appeal your suspension or have an ignition interlock device installed in your vehicle WITHIN 30 days or your GA license WILL AUTOMATICALLY BE SUSPENDED. This is a complex area of law and the Department of Drivers Services usually only makes it more confusing. (There are ways to prevent this “automatic” suspension – see article about “Administrative License Suspension” – Click HERE)

Dealing with the consequences of either submitting or refusing to take a state administered test are a complex area of the law. Further there have been recent changes to the law which affect decisions you should make concerning after submitting or refusing to take the state administered tests. Click here or call us at (229) 520-5073 to schedule your free consultation.

VERY IMPORTANT: It is imperative you schedule an appointment with our team of attorneys IMMEDIATELY after your arrest to protect your license. If you wait until AFTER 30 days from your arrest to contact us, there is NOTHING that can be done and your driver’s license WILL AUTOMATICALLY be suspended for a period of 12 months. Click here or call us at (229) 520-5073 to schedule your free consultation.

Stopped for DUI in Georgia?

Initial Stop in Georgia DUI

Georgia DUI Field Sobriety Test

Georgia DUI ALS Hearing

Georgia DUI Penalties

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