O.C.G.A. § 40-5-67 (2019)

Annotations

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. 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 note on 1992 amendment of this Code section, see 9 Georgia St. U.L. Rev. 298 (1992). For article commenting on the 1997 amendment of this Code section, see 14 Georgia St. U.L. Rev. 203 (1997). For note, “Rodriguez v. State: Addressing Georgia’s Implied Consent Requirements for Non-English-Speaking Drivers,” see 54 Mercer L. Rev. 1253 (2003).

JUDICIAL DECISIONS Double jeopardy. - Suspension of a driver’s license at an administrative hearing is not punishment, nor is the hearing a prosecution for the purposes of double jeopardy. Kirkpatrick v. State, 219 Ga. App. 307, 464 S.E.2d 882, 1995 Ga. App. LEXIS 1024 (1995). Equal protection claims. - Defendant’s constitutional claims to the implied consent statutes were without merit since the defendant, a Spanish speaking person, was not similarly situated to a hearing impaired person and, although similarly situated to an English speaking person, there was a rational basis for requiring the implied consent warnings to be read in English. Rodriguez v. State, 275 Ga. 283, 565 S.E.2d 458, 2002 Ga. LEXIS 526, cert. denied, Rodriguez v. Georgia, 537 U.S. 1046, 123 S. Ct. 624, 154 L. Ed. 2d 519, 2002 U.S. LEXIS 8717 (2002). DUI arrestee had no standing to challenge administrative suspension procedure. - Plaintiff, whose license was confiscated by an officer at the time of arrest for DUI and who was issued a citation allowing the plaintiff to drive pending resolution of the plaintiff’s case, did not have standing to challenge the

administrative suspension procedures established by O.C.G.A. § 40-5-67.1. McGraw v. State, 230 Ga. App. 843, 498 S.E.2d 314, 1998 Ga. App. LEXIS 306 (1998). Duty of court to seize license and temporary permit pending appeal. - Upon conviction for driving under the influence, the defendant was properly required to surrender the defendant’s driver’s license and temporary permit to the trial court pending appeal; the seizure and forwarding of the license to the Department of Public Safety was not part of the defendant’s sentence or a condition of the defendant’s bond but a requirement imposed by statute on the court. Wells v. State, 212 Ga. App. 15, 440 S.E.2d 692, 1994 Ga. App. LEXIS 115 (1994), cert. denied, No. S94C0822, 1994 Ga. LEXIS 618 (Ga. Apr. 1, 1994). Due process was not violated by the failure to return the defendant’s plastic license following a license suspension hearing which was resolved in defendant’s favor since the rationale for confiscation of the license in the first place was a pending charge under O.C.G.A. § 40-6-391. Wright v. State, 228 Ga. App. 717, 492 S.E.2d 581, 1997 Ga. App. LEXIS 1240 (1997).

MOTOR VEHICLES & TRAFFIC

OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the statutory provisions, opinions under former Code Section 40-5-69, which was renumbered as Code Section 40-5-67 by Ga. L. 1990, p. 2048, § 4, are included in the annotations for this Code section. Nonresident convicted of driving under the influence. - Georgia law requires that, when a non-resident is convicted of driving under the influence, the court forward the non-resident’s driver’s license to the Georgia Department of Public Safety with the license to be forwarded to the

non-resident’s home state along with the record of conviction and record of any action taken by the Department of Public Safety. 1986 Op. Att’y Gen. No. U86-15 (decided under former § 40-5-69). Georgia law requires that, when a nonresident person is charged with driving under the influence, the arresting officer is to take the driver’s license, attach the license to the court’s copy of the citation, and forward the license to the appropriate court as would be done with a Georgia driver. 1986 Op. Att’y Gen. No. U86-16 (decided under former § 40-5-69).

RESEARCH REFERENCES Am. Jur. Proof of Facts. Defense to Charge of Driving Under the Influence of Alcohol, 17 POF2d 1. Negligent Failure to Detain Intoxicated Motorist, 1 POF3d 545. Proof and Disproof of Alcohol-Induced

Driving Impairment Through Breath Alcohol Testing, 4 POF3d 229. Proof and Disproof of Alcohol-Induced Driving Impairment Through Evidence of Observable Intoxication and Coordination Testing, 9 POF3d 459.