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2018 Georgia Code 40-5-67 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-5-67 Case Law from Google Scholar Amendments to OCGA 40-5-67

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 5. Drivers' Licenses, 40-5-1 through 40-5-179.

ARTICLE 3 CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES

40-5-67. Seizure and disposition of driver's license of persons charged with driving under the influence; issuance of temporary driving permit; disposition of cases.

  1. Whenever any resident or nonresident person is charged with violating Code Section 40-6-391, the law enforcement officer shall take the driver's license of the person so charged. The driver's license shall be attached to the court's copy of the uniform traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense. A copy of the uniform traffic citation and complaint form shall be forwarded, within ten days of issue, to the department. Taking the driver's license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17.
    1. At the time the law enforcement officer takes the driver's license, the officer shall issue a temporary driving permit to the person as follows:
      1. If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 45 day temporary driving permit;
      2. If the driver's license is required to be suspended under Code Section 40-5-67.1, the officer shall issue a 45 day temporary driving permit; or
      3. If the test or tests administered pursuant to Code Section 40-5-55 indicate an alcohol concentration in violation of Code Section 40-6-391 but less than the level for an administrative suspension of the license under subsection (c) of Code Section 40-5-67.1, the officer shall issue a 180 day temporary driving permit.
    2. A temporary driving permit issued under this subsection shall be valid for the stated period or until the person's driving privilege is suspended or revoked under any provision of this title. The department, at its sole discretion, may delay the expiration date of such temporary driving permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of a temporary driving permit may be delayed.
    1. If the person is convicted of violating or enters a plea of nolo contendere to a charge of violating Code Section 40-6-391, the court shall, within ten days, forward the person's driver's license and the record of the disposition of the case to the department. At this time, the court shall also require the person to surrender the temporary driving permit issued pursuant to subsection (b) of this Code section.
    2. If the person is not convicted of violating and does not enter a plea of nolo contendere to a charge of violating Code Section 40-6-391, and the court is in possession of the driver's license, the court shall return the driver's license to the person unless the license is in suspension for any other offense, in which case the court shall forward the license to the department for disposition.

(Code 1981, §40-5-69, enacted by Ga. L. 1983, p. 1000, § 1; Code 1981, §40-5-67, as redesignated by Ga. L. 1990, p. 2048, § 4; Ga. L. 1992, p. 2564, § 5; Ga. L. 1994, p. 1600, § 2; Ga. L. 1997, p. 760, § 19; Ga. L. 2000, p. 951, § 5-28; Ga. L. 2016, p. 323, § 1-3/HB 205.)

The 2016 amendment, effective July 1, 2017, designated the existing provisions of the introductory paragraph of subsection (b) as paragraph (b)(1); redesignated former paragraphs (b)(1) through (b)(3) as present subparagraphs (b)(1)(A) through (b)(1)(C), respectively; substituted "45 day" for "30 day" in subparagraphs (b)(1)(A) and (b)(1)(B); designated the ending paragraph of subsection (b) as paragraph (b)(2), and, in paragraph (b)(2), in the first sentence, substituted "A temporary" for "This temporary" at the beginning, and inserted "issued under this subsection", substituted "such temporary" for "the temporary" in the second sentence, and substituted "expiration of a temporary driving permit" for "expiration of the temporary permit" in the last sentence.

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 article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 203 (1997). For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 298 (1992). 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).

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).

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).

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).

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).

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 non-resident 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

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.

Cases Citing Georgia Code 40-5-67 From Courtlistener.com

Total Results: 20

State v. Randall

Court: Supreme Court of Georgia | Date Filed: 2024-01-17

Snippet: admissibility of blood test refusal evidence and to OCGA § 40-5-67.1 (b). 315 Ga. at 200-202 (1), (2). On remand

Ammons v. State

Court: Supreme Court of Georgia | Date Filed: 2022-11-02

Snippet: Georgia’s implied consent statutes, OCGA §§ 40-5-67.1 and 40-6- 392, do not violate the Privileges

State v. Randall

Court: Supreme Court of Georgia | Date Filed: 2022-10-25

Snippet: reasoned that, to the extent that OCGA § 40-5-67.1 informs a person that refusing to submit

Awad v. State

Court: Supreme Court of Georgia | Date Filed: 2022-01-19

Snippet: tests) under the implied consent law? OCGA § 40-5-67.1 (b) (2) (2016). 2 Although it was stipulated

Adams v. State

Court: Supreme Court of Georgia | Date Filed: 2019-06-03

Citation: 829 S.E.2d 126, 306 Ga. 1

Snippet: license suspension hearing pursuant to OCGA § 40-5-67.1 and evidence of a 2011 arrest for DUI. The Court

State v. Turnquest

Court: Supreme Court of Georgia | Date Filed: 2019-05-06

Citation: 827 S.E.2d 865

Snippet: Georgia implied consent notice pursuant to OCGA § 40-5-67.1 (b) (2) but did not give Miranda warnings. Turnquest

Elliott v. State

Court: Supreme Court of Georgia | Date Filed: 2019-02-18

Citation: 824 S.E.2d 265, 305 Ga. 179

Snippet: administrative license suspension provided by OCGA § 40-5-67.1 (c) and (d). Additionally, the holding that a

State v. Herrera-Bustamante

Court: Supreme Court of Georgia | Date Filed: 2018-08-20

Citation: 818 S.E.2d 552, 304 Ga. 259

Snippet: notice for drivers age 21 and older found in OCGA § 40-5-67.1 (b) (2) and asked if he would consent to a breathalyzer

Schmitz v. State

Court: Supreme Court of Georgia | Date Filed: 2017-10-30

Citation: 302 Ga. 473, 807 S.E.2d 361

Snippet: implied consent warning in accordance with OCGA § 40-5-67.1 (b) (2),1 and Schmitz agreed to a test of his

Fazio v. State

Court: Supreme Court of Georgia | Date Filed: 2017-10-16

Citation: 302 Ga. 295, 806 S.E.2d 544

Snippet: “[i]mplied consent notice,” as stated in OCGA § 40-5-67.1 (b) (2): Georgia law requires you to submit to

Olevik v. State

Court: Supreme Court of Georgia | Date Filed: 2017-10-16

Citation: 302 Ga. 228, 806 S.E.2d 505

Snippet: that the implied consent notice statute, OCGA § 40-5-67.1 (b), is unconstitutional on its face and as applied

Zilke v. State

Court: Supreme Court of Georgia | Date Filed: 2016-06-20

Citation: 299 Ga. 232, 787 S.E.2d 745, 2016 WL 3390448, 2016 Ga. LEXIS 422

Snippet: benefit or remotest fear of injury.”); OCGA § 40-5-67.1 (b) (“. . . If any such notice [concerning implied

BARROW v. MIKELL Et Al.

Court: Supreme Court of Georgia | Date Filed: 2016-02-01

Citation: 298 Ga. 429, 782 S.E.2d 439, 2016 Ga. LEXIS 109

Snippet: as provided in subsection (h) of Code Section 40-5-67.1 and subsection (h) of Code Section 40-5-64, any

Williams v. State

Court: Supreme Court of Georgia | Date Filed: 2015-03-27

Snippet: for suspects age 21 or over is found in OCGA § 40-5-67.1 (b) (2), and states: “Georgia law requires

Williams v. State

Court: Supreme Court of Georgia | Date Filed: 2015-03-27

Citation: 296 Ga. 817, 771 S.E.2d 373, 2015 Ga. LEXIS 197

Snippet: consentnoticeforsuspectsage21oroverisfoundinOCGA § 40-5-67.1 (b) (2), and states: “Georgia law requires

Sauls v. State

Court: Supreme Court of Georgia | Date Filed: 2013-06-17

Citation: 293 Ga. 165, 744 S.E.2d 735, 2013 Fulton County D. Rep. 1846, 2013 WL 2928146, 2013 Ga. LEXIS 542

Snippet: the implied consent notice required by OCGA § 40-5-67.1 (b) (2).1 For the reasons that follow, we conclude

Padidham v. State

Court: Supreme Court of Georgia | Date Filed: 2012-05-07

Citation: 291 Ga. 99, 728 S.E.2d 175, 2012 Fulton County D. Rep. 1595, 2012 WL 1571546, 2012 Ga. LEXIS 440

Snippet: Implied Consent Statutes, *100OCGA§§ 40-5-55 and 40-5-67.1 (b), and was asked whether he would consent to

Chancellor v. State

Court: Supreme Court of Georgia | Date Filed: 2008-06-30

Citation: 663 S.E.2d 203, 284 Ga. 66, 2008 Fulton County D. Rep. 2147, 2008 Ga. LEXIS 532

Snippet: 21 driving non-commercial vehicles. See OCGA § 40-5-67.1(b)(2). Appellant refused to submit to chemical

State v. Underwood

Court: Supreme Court of Georgia | Date Filed: 2008-05-19

Citation: 661 S.E.2d 529, 283 Ga. 498, 2008 Fulton County D. Rep. 1701, 2008 Ga. LEXIS 422

Snippet: which tests) under the implied consent law? OCGA § 40-5-67.1(b)(2). The implied consent notice given to individuals

Chancellor v. Dozier

Court: Supreme Court of Georgia | Date Filed: 2008-03-10

Citation: 658 S.E.2d 592, 283 Ga. 259, 2008 Fulton County D. Rep. 768, 2008 Ga. LEXIS 254

Snippet: ability to withdraw that implied consent. OCGA § 40-5-67.1(b) requires law enforcement officers to inform