IMPLIED CONSENT WARNING—THE BASICS OF WHEN AND HOW AN OFFICER SHOULD ISSUE THIS WARNING TO A PERSON SUSPECTED OF DRIVING UNDER THE INFLUENCE
The basics of when and under what conditions the “Implied Consent Warning” is to be read to a person suspected of Driving Under the Influence are, primarily, stated in O.C.G.A. § 40-5-67.1 which provides:
The test or tests required under Code Section 40-5-55 shall be administered as soon as possible at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 and the officer has arrested such person for a violation of Code Section 40-6- 391, any federal law in conformity with Code Section 40-6-391, or any local ordinance which adopts Code Section 40-6-391 by reference or the person has been involved in a traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which test or tests shall be administered initially and may subsequently require a test or tests of any substances not initially tested.
There are three different versions of the Implied Consent Warning: (1) version applicable to drivers under the age of 21; (2) version applicable to drivers over the age of 21; and (3) version applicable to drivers of commercial vehicles.
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McIlhinney & Sessions, LLC
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