shall be admissible into evidence for the purpose of establishing that such person was qualified to draw blood as required by this Code section.
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“This breath-testing instrument (serial no. ) was thoroughly inspected, tested, and standardized by the undersigned on (date ) and all of its electronic and operating components prescribed by its manufacturer are properly attached and are in good working order.” When properly prepared and executed, as prescribed in this subsection, the certificate shall, notwithstanding any other provision of law, be self-authenticating, shall be admissible in any court of law, and shall satisfy the pertinent requirements of paragraph (1) of subsection (a) of this Code section and subparagraph (g)(2)(F) of . Code Section 40-5-67.1
History. Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 47; Ga. L. 1968, p. 448, §§ 1, 2; Ga. L. 1974, p. 562, §§ 1, 2; Code 1933, § 68A-902.1, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1975, p. 1008, § 3; Ga. L. 1977, p. 1036, § 1; Ga. L. 1983, p. 1000, § 14; Ga. L. 1988, p. 1893, §§ 3, 5; Ga. L. 1990, p. 2048, § 5; Ga. L. 1991, p. 1886, § 10; Ga. L. 1992, p. 2564, § 13; Ga. L. 1994, p. 1600, § 10; Ga. L. 1995, p. 1160, § 4; Ga. L. 1997, p. 143, § 40; Ga. L. 1997, p. 760, § 25; Ga. L. 2001, p. 208, § 1-6; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2009, p. 859, § 3/HB 509; Ga. L. 2011, p. 705, § 6-3/HB 214.
Cross references.
Obtaining of blood sample to test for presence of intoxicating substances in instances where person, as result of casualty or other ailment is unable to give consent to taking of sample, § 45-16-46.
Administering tests to persons charged with navigating vessels while intoxicated, § 52-7-12.
Implied Consent, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Bureau of Investigation, Chapter 92-3.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2001, paragraphs (c)(.1), (c)(1), and (c)(2) were redesignated as paragraphs (c)(1), (c)(2), and (c)(3), respectively.
Editor’s notes.
Ga. L. 1994, p. 1600, § 11, not codified by the General Assembly, provides that the provisions of the Act shall apply only to cases arising out of arrests occurring on or after January 1, 1995, except that the provisions amending subsection (a) of Code Section 40-6-391.1, restricting the acceptance of a plea of nolo contendere to a charge of violating Code Section 40-6-391, and the provisions amending subsection (c) of Code Section 40-6-391, changing the criminal penalties for violations of the section, shall become effective July 1, 1994, and except that the provisions amending subsection (g) of Code Section 40-5-67.1, relating to the time for requesting a hearing on an administrative suspension, the stay of a suspension pending such hearing, and the early termination of an administrative suspension under certain conditions shall apply to cases pending on July 1, 1994.
Ga. L. 1995, p. 1160, § 5, not codified by the General Assembly, provides that the Act shall apply to all cases pending at the time of its approval by the Governor or its becoming law without such approval, except that the provisions regarding the requirement for two breath samples set forth in subparagraph (a)(1)(B) of Code Section 40-6-392 shall not apply to arrest made prior to January 1, 1995.
Ga. L. 1997, p. 760, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Teen-age and Adult Driver Responsibility Act’.”
Ga. L. 1997, p. 760, § 27, not codified by the General Assembly, provides that the amendment made by the Act to this Code section shall apply to offenses committed on or after July 1, 1997, and shall not apply to offenses committed prior to that date.
Law reviews.
For comment on Flournoy v. State, 106 Ga. App. 756 , 128 S.E.2d 528 (1962), see 14 Mercer L. Rev. 442 (1963).
For note discussing scientific basis of blood classification and use of blood tests as evidence, see 16 Mercer L. Rev. 306 (1964).
For article, “Challenges to Humanitarian Legal Approaches for Eliminating the Hazards of Drunk Alcoholic Drivers,” see 4 Ga. L. Rev. 251 (1970).
For article surveying judicial developments in Georgia criminal law, see 31 Mercer L. Rev. 59 (1979).
For article surveying Georgia cases in the area of evidence from June 1979 through May 1980, see 32 Mercer L. Rev. 63 (1980).
For article surveying developments in Georgia workers’ compensation law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 323 (1981).
For article surveying law of evidence in 1984-1985, see 37 Mercer L. Rev. 249 (1985).
For annual survey of the law of evidence, see 38 Mercer L. Rev. 215 (1986).
For note on the 1991 amendment of this Code section, see 8 Ga. St. U.L. Rev. 129 (1992).
For note on the 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 298 (1992).
For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 203 (1997).
For annual survey article discussing developments in the law of evidence, see 51 Mercer L. Rev. 279 (1999).
For article, “The Harper Standard and the Alcosensor: The Road Not Traveled,” see 6 Ga. St. B.J. 8 (2000).
For note, “The Final Patient Privacy Regulations Under the Health Insurance Portability and Accountability Act — Promoting Patient Privacy or Public Confusion?,” see 37 Ga. L. Rev. 723 (2003).
For survey article on criminal law and procedure for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 117 (2003).
For note, “Rodriguez v. State: Addressing Georgia’s Implied Consent Requirements for Non-English-Speaking Drivers,” see 54 Mercer L. Rev. 1253 (2003).
For annual survey of criminal law, see 57 Mercer L. Rev. 113 (2005).
For annual survey of evidence law, see 58 Mercer L. Rev. 151 (2006).
For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).
For annual survey on criminal law, see 71 Mercer L. Rev. 69 (2019).
For comment, “Is There a Georgia Supreme Court, Problem? Analyzing the Georgia Supreme Court’s New Peculiar Approach Towards Breathalyzers and Implied Consent Law,” see 71 Mercer L. Rev. 393 (2019).
Structure Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 6 - Uniform Rules of the Road
Article 15 - Serious Traffic Offenses
§ 40-6-390.1. Reckless Stunt Driving
§ 40-6-391.1. Entry and Acceptance of Plea of Nolo Contendere
§ 40-6-391.2. Seizure and Civil Forfeiture of Motor Vehicle Operated by Habitual Violator
§ 40-6-392. Chemical Tests for Alcohol or Drugs
§ 40-6-393. Homicide by Vehicle
§ 40-6-393.1. Feticide by Vehicle
§ 40-6-394. Serious Injury by Vehicle
§ 40-6-395. Fleeing or Attempting to Elude Police Officer; Impersonating Law Enforcement Officer