Georgia “Implied Consent” Statute
Two fairly new cases from our intermediate court, the Georgia Court of Appeals, reveals how shoddy the warnings can be and still be upheld as being “adequate.” After all, only your right to drive for 12 months is at stake!
The officer need not TELL you what type of test you will be required to take, and it is still valid. The most reliable and accurate place to get an accurate alcohol test is from the vitreous humor (fluid) drawn from inside your eyeball. The new case, Nagata v. State, 319 Ga. App. 513, 736 S.E. 2d 474 (2015) now says that the officer can simply not tell you the TYPE of DUI test you will be given, and that is OKAY. (No, they did not extract from the eyeball, but could have!)
The officer can leave out, mispronounce and/or add words, and that is OKAY in Georgia, too. That new Georgia DUI court decision is State v. Barnard, 321 Ga. App. 20, 740 S.E. 2d 837 (2015). The issue to be decided is whether the warning given was “substantively accurate.” Is that NEBULOUS enough for you?
Copyright 2021. William C. Head. All Rights Reserved.