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August 2016 Archives

What issues can be contested in an implied consent hearing? P.2

Last time, we began looking at Georgia’s implied consent law, including the notice law enforcement is supposed to provide to drivers when requesting chemical testing. As we noted, motorists who have had their driving privileges suspended under implied consent law, whether because of refusing to submit or because of a finding of intoxication, are able to request a hearing.

What issues can be contested in an implied consent hearing?

Previously, we looked at a recent U.S. Supreme Court case dealing with the constitutionality of imposing criminal penalties on drivers who refuse to submit to alcohol testing under state implied consent laws. Implied consent law in Georgia is something that often must be dealt with alongside criminal penalties in drunk-driving cases.

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