O.C.G.A.
O.C.G.A. § 40-5-152 (2019)
Operating a commercial motor vehicle while having measurable alcohol in system; refusal to take chemical test
✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Notwithstanding any other provision of this article, a person may not drive, operate, or be in physical control of a commercial motor vehicle while having any measurable alcohol in his or her system. (b) A person who drives, operates, or is in physical control of a commercial motor vehicle while having any measurable alcohol in his or her system or who refuses to take a test prescribed by Code Section 40-5-55 to determine his or her alcohol content must be placed out of service for 24 hours.
History
Code 1981, § 40-5-152, enacted by Ga.
L. 1989, p. 519, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 2003, p. 484, § 7.
Annotations
RESEARCH REFERENCES Am. Jur. 2d. 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 124 et seq.
Notes of Decisions
Cited in 1
case, 1997–1997 · leading case: Meyer v. State, 480 S.E.2d 234 (Ga. Ct. App. 1997).
Meyer v. State, 480 S.E.2d 234 (Ga. Ct. App. 1997). “04 percent or more will be disqualified from driving such a vehicle for at least one year); OCGA § 40-5-152 (b) (driver of commercial vehicle who refuses test must be placed “out of service” for at least 24 hours).”
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