19 LC 28 9273ER Senate Bill 208 By: Senators Robertson of the 29th, Albers of the 56th, Harper of the 7th, Mullis of the 53rd and Dugan of the 30th AS PASSED SENATE A BILL TO BE ENTITLED AN ACT 1 To amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, 2 relating to cancellation, suspension, and revocation of licenses, so as to revise the implied 3 consent notices; to provide for related matters; to provide an effective date; to repeal 4 conflicting laws; and for other purposes. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 6 SECTION 1. 7 Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to 8 cancellation, suspension, and revocation of licenses, is amended by revising subsection (b) 9 of Code Section 40-5-67.1, relating to chemical tests, implied consent notices, rights of 10 motorists, test results, refusal to submit, suspension or disqualification, administrative license 11 suspension hearing and review, and inspection and certification of breath-testing instruments, 12 as follows: 13 "(b) At the time a chemical test or tests are requested, the arresting officer shall select and 14 read to the person the appropriate implied consent notice from the following: 15 (1) Implied consent notice for suspects under age 21: 16 'Georgia law requires you to submit to state administered chemical tests of your blood, 17 breath, urine, or other bodily substances for the purpose of determining if you are under 18 the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's 19 license or privilege to drive on the highways of this state will be suspended for a 20 minimum period of one year. Your refusal to submit to the required testing may be 21 offered into evidence against you at trial. If you submit to testing and the results 22 indicate an alcohol concentration of 0.02 grams or more, your Georgia driver's license 23 or privilege to drive on the highways of this state may be suspended for a minimum 24 period of one year. After first submitting to the required state tests, you are entitled to 25 additional chemical tests of your blood, breath, urine, or other bodily substances at your 26 own expense and from qualified personnel of your own choosing. Will you submit to S. B. 208 -1- 19 LC 28 9273ER 27 the state administered chemical tests of your (designate which tests) under the implied 28 consent law The State of Georgia has conditioned your privilege to drive upon the 29 highways of this state upon your submission to state administered chemical tests of 30 your blood, breath, urine, or other bodily substances for the purpose of determining if 31 you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia 32 driver's license or privilege to drive on the highways of this state will be suspended for 33 a minimum period of one year. Your refusal to submit to blood or urine testing may be 34 offered into evidence against you at trial. If you submit to testing and the results 35 indicate an alcohol concentration of 0.02 grams or more, your Georgia driver's license 36 or privilege to drive on the highways of this state may be suspended for a minimum 37 period of one year. After first submitting to the requested state tests, you are entitled 38 to additional chemical tests of your blood, breath, urine, or other bodily substances at 39 your own expense and from qualified personnel of your own choosing. Will you 40 submit to the state administered chemical tests of your (designate which test)?' 41 (2) Implied consent notice for suspects age 21 or over: 42 'Georgia law requires you to submit to state administered chemical tests of your blood, 43 breath, urine, or other bodily substances for the purpose of determining if you are under 44 the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's 45 license or privilege to drive on the highways of this state will be suspended for a 46 minimum period of one year. Your refusal to submit to the required testing may be 47 offered into evidence against you at trial. If you submit to testing and the results 48 indicate an alcohol concentration of 0.08 grams or more, your Georgia driver's license 49 or privilege to drive on the highways of this state may be suspended for a minimum 50 period of one year. After first submitting to the required state tests, you are entitled to 51 additional chemical tests of your blood, breath, urine, or other bodily substances at your 52 own expense and from qualified personnel of your own choosing. Will you submit to 53 the state administered chemical tests of your (designate which tests) under the implied 54 consent law The State of Georgia has conditioned your privilege to drive upon the 55 highways of this state upon your submission to state administered chemical tests of 56 your blood, breath, urine, or other bodily substances for the purpose of determining if 57 you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia 58 driver's license or privilege to drive on the highways of this state will be suspended for 59 a minimum period of one year. Your refusal to submit to blood or urine testing may be 60 offered into evidence against you at trial. If you submit to testing and the results 61 indicate an alcohol concentration of 0.08 grams or more, your Georgia driver's license 62 or privilege to drive on the highways of this state may be suspended for a minimum 63 period of one year. After first submitting to the requested state tests, you are entitled S. B. 208 -2- 19 LC 28 9273ER 64 to additional chemical tests of your blood, breath, urine, or other bodily substances at 65 your own expense and from qualified personnel of your own choosing. Will you 66 submit to the state administered chemical tests of your (designate which test)?' 67 (3) Implied consent notice for commercial motor vehicle driver suspects: 68 'Georgia law requires you to submit to state administered chemical tests of your blood, 69 breath, urine, or other bodily substances for the purpose of determining if you are under 70 the influence of alcohol or drugs. If you refuse this testing, you will be disqualified 71 from operating a commercial motor vehicle for a minimum period of one year. Your 72 refusal to submit to the required testing may be offered into evidence against you at 73 trial. If you submit to testing and the results indicate the presence of any alcohol, you 74 will be issued an out-of-service order and will be prohibited from operating a motor 75 vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 grams or 76 more, you will be disqualified from operating a commercial motor vehicle for a 77 minimum period of one year. After first submitting to the required state tests, you are 78 entitled to additional chemical tests of your blood, breath, urine, or other bodily 79 substances at your own expense and from qualified personnel of your own choosing. 80 Will you submit to the state administered chemical tests of your (designate which tests) 81 under the implied consent law The State of Georgia has conditioned your privilege to 82 drive upon the highways of this state upon your submission to state administered 83 chemical tests of your blood, breath, urine, or other bodily substances for the purpose 84 of determining if you are under the influence of alcohol or drugs. If you refuse this 85 testing, you will be disqualified from operating a commercial motor vehicle for a 86 minimum period of one year. Your refusal to submit to blood or urine testing may be 87 offered into evidence against you at trial. If you submit to testing and the results 88 indicate the presence of any alcohol, you will be issued an out-of-service order and will 89 be prohibited from operating a commercial motor vehicle for 24 hours. If the results 90 indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from 91 operating a commercial motor vehicle for a minimum period of one year. After first 92 submitting to the requested state tests, you are entitled to additional chemical tests of 93 your blood, breath, urine, or other bodily substances at your own expense and from 94 qualified personnel of your own choosing. Will you submit to the state administered 95 chemical tests of your (designate which test)?' 96 If any such notice is used by a law enforcement officer to advise a person of his or her 97 rights regarding the administration of chemical testing, such person shall be deemed to 98 have been properly advised of his or her rights under this Code section and under Code 99 Section 40-6-392 and the results of any chemical test, or the refusal to submit to a test, shall S. B. 208 -3- 19 LC 28 9273ER 100 be admitted into evidence against such person. Such notice shall be read in its entirety but 101 need not be read exactly so long as the substance of the notice remains unchanged." 102 SECTION 2. 103 This Act shall become effective upon its approval by the Governor or upon its becoming law 104 without such approval. 105 106 SECTION 3. All laws and parts of laws in conflict with this Act are repealed. S. B. 208 -4-