(a.1) As used in this Code section, the term “alcohol concentration” means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
“The State of Georgia has conditioned your license to hunt in this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing and you are convicted of hunting while under the influence of alcohol or drugs, your ability to lawfully hunt in this state will be suspended for a period of two years. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more and if you are subsequently convicted of hunting under the influence of alcohol by having an alcohol concentration of 0.08 grams or more at any time within three hours after hunting from alcohol consumed before such hunting ended, your ability to lawfully hunt in this state will be suspended for a period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test?) ”
History. Ga. L. 1953, Nov.-Dec. Sess., p. 327, § 1; Ga. L. 1955, p. 483, § 56; Code 1933, § 45-506, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1996, p. 1134, § 2; Ga. L. 2013, p. 92, § 3/SB 136; Ga. L. 2014, p. 344, § 2/HB 783; Ga. L. 2019, p. 295, § 1/HB 471; Ga. L. 2020, p. 827, § 2-2/HB 998.
The 2019 amendment, effective April 28, 2019, substituted the present provisions of paragraph (g)(2) for the former provisions, which read: “At the time a chemical test or tests are requested, the arresting officer shall read to the person the following implied consent warning:
“‘Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing and you are convicted of hunting while under the influence of alcohol or drugs, your privilege to hunt in this state will be suspended for a period of two years. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more and if you are subsequently convicted of hunting under the influence of alcohol by having an alcohol concentration of 0.08 grams or more at any time within three hours after hunting from alcohol consumed before such hunting ended, your privilege to hunt in this state will be suspended for a period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?’”
The 2020 amendment, effective August 5, 2020, added subsection (a.1); substituted “an alcohol concentration” for “a blood alcohol concentration” throughout subsection (f); and substituted “requested state tests” for “required state tests” in the fifth sentence of the warning in paragraph (g)(2).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1996, “designate which tests” was underlined near the end of paragraph (g)(2).
Pursuant to Code Section 28-9-5, in 2020, “alcohol concentration” was substituted for “blood alcohol concentration” in subsection (e).
Editor’s notes.
Ga. L. 2013, p. 92, § 14/SB 136, not codified by the General Assembly, provides, in part, that the amendment of this Code section by that Act “shall apply to all offenses occurring on and after May 15, 2013; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (m) of Code Section 52-7-12, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after May 15, 2013, shall be considered.”
Ga. L. 2014, p. 344, § 5/HB 783, not codified by the General Assembly, provides: “This Act shall become effective on May 1, 2014, and shall apply to offenses occurring on or after such date.
Structure Georgia Code
Chapter 3 - Wildlife Generally
§ 27-3-1.1. Acts Prohibited on Wildlife Management Areas
§ 27-3-3. Hours for Hunting Migratory Game Birds
§ 27-3-6. Possession of Firearm While Hunting With Bow and Arrow
§ 27-3-7. Hunting Under the Influence of Alcohol or Drugs
§ 27-3-9. Unlawful Enticement of Game
§ 27-3-10. Hunting Upon or Discharging Weapons Across a Public Road
§ 27-3-12. Unlawful Substances and Equipment; Computer Assisted Remote Hunting Prohibited
§ 27-3-13. Hunting of Wildlife or Feral Hog From Boats, Aircraft, or Motor Vehicles
§ 27-3-14. Killing or Crippling of Game Bird or Game Animal Without Reasonable Effort to Retrieve
§ 27-3-16. Hunting With Dogs Generally; Training of Hunting Dogs
§ 27-3-17. Hunting Deer With Dogs; Seasons; Permit Required
§ 27-3-18. Hunting Foxes With Dogs
§ 27-3-19. Hunting Alligators; Possessing Alligator Products; Gathering Alligator Eggs
§ 27-3-19.1. Regulation of the Exporting, Farming, and Selling of Fresh-Water Turtles
§ 27-3-20. Taking Rabbits and Hares Out of Season
§ 27-3-21. Killing of Bears by Property Owners
§ 27-3-22. Hunting, Possessing, or Transporting Birds Generally
§ 27-3-23. Sale of Tails of Squirrels
§ 27-3-24. Restrictions on Hunting Feral Hogs
§ 27-3-25. Hunting Bears; Required Outer Garments
§ 27-3-26. Hunting Bears; Restrictions; Penalties
§ 27-3-27. Unlawful Use of Bear Bait
§ 27-3-28. Person May Take Possession of Native Wildlife Which Has Been Killed by a Motor Vehicle
§ 27-3-29. Recording and Reporting Requirements for Game Animals and Birds; Penalty for Violations