What is “Implied Consent”? Georgia law provides that every licensed driver in the State of Georgia, by accepting the privilege and license to drive, gives the State of Georgia (e.g. the police officer) the right to take a sample of his/her blood, breath or urine for purposes of determining if the blood alcohol content exceeds the state legal limit for being under the influence of alcohol while driving. Hence the name, “implied” consent to the test(s). Correspondingly, State law provides you, the driver, to have an independent test of your blood, breath or urine tested at a proper facility (e.g. local hospital) at your own choosing (if you agreed to allow the officer to take the state’s test as well. See below, “WHAT IS A REFUSAL?”, And how the “refusal” impacts your right to an “independent test”.
