Implied Consent FAQs - Related Files
Implied Consent FAQs
- Given the Georgia Supreme Court's recent decisions in Elliott and Olevik v State, can officers still conduct breath alcohol tests?
- YES. On April 28, 2019, Governor Kemp signed House Bill 471 into law making the new Implied Consent Notice effective immediately. This means that the questions of breath test admissibility raised by the Elliott and Olevik decisions should be sufficiently addressed when an officer reads the new Implied Consent Notice and the suspect voluntarily consents to a breath test.
- click here for further details on the Elliott decision
- The primary holdings of Elliott v State (S18A1204) and Olevik v State (S17A0738) found that the Georgia Constitution prohibits a suspect from being "compelled" to provide a breath sample and consequently “admission of evidence that a suspect refused to consent to a breath test" is not admissible at his or her criminal trial. Due to the fact that this finding was potentially in opposition to the language of the Georgia Implied Consent Notice regarding breath test refusals, it was uncertain what impact the Elliott decision would have on the admissibility of breath test results. House Bill 471 was proposed to address these issues by amending the Georgia Implied Consent Notice to be consistent with the Georgia Supreme Court's findings. On April 28, 2019, Governor Kemp signed House Bill 471into law making the new Implied Consent Notice effective immediately. This means that the questions of breath test admissibility raised by the Elliott and Olevik decisions should be sufficiently addressed when an officer reads the new Implied Consent Notice and the suspect voluntarily consents to a breath test. Thus officers should be able to return to valid procedures pre-existing the Elliott decision for requesting a breath alcohol test pursuant to a DUI arrest, as long as the new Implied Consent Notice is read at the time of arrest. Even under the new Implied Consent Notice breath test refusals will not be admissible at criminal trials. Officers wishing to preserve refusal evidence should consider re-reading the Implied Consent Notice and requesting a blood test if a breath sample cannot be obtained. This prohibition regarding the admissibility of breath test refusals should not extend to ALS hearings. This should not be construed as official legal advice. Officers should consult their agency's legal counsel or local prosecutor for information regarding the proper procedures for requesting chemical tests.
- How do I obtain Implied Consent Cards?
- Please note that the Georgia Implied Consent Notice was revised pursuant to HB-471 effective April 28, 2019. A copy of this warning can be obtained from the Department of Driver Services by requesting form DS-354. Requests should be made using the Department of Driver Services Court and Law Enforcement Inventory Request Form. The form must be completed and faxed to 678-413-8554. The primary contact information is listed in the attachment below. (
Request
form link
)
- Please note that the Georgia Implied Consent Notice was revised pursuant to HB-471 effective April 28, 2019. A copy of this warning can be obtained from the Department of Driver Services by requesting form DS-354. Requests should be made using the Department of Driver Services Court and Law Enforcement Inventory Request Form. The form must be completed and faxed to 678-413-8554. The primary contact information is listed in the attachment below. (
- How do I get a copy of the current training manual for class?
- There are two primary manuals used for training, the Basic Class Manual and the Refresher/Recertification Class manual. Please be sure to print the correct manual for your class.
For the current Intoxilyzer 9000 Georgia Operator's Basic Manual (2023 rev.):
click
here
For the current Intoxilyzer 9000 Georgia Operator's Refresher Manual (2023 rev.):
click
here
- There are two primary manuals used for training, the Basic Class Manual and the Refresher/Recertification Class manual. Please be sure to print the correct manual for your class.
- How do I enroll in a Training Class?
- Law enforcement personnel are eligible to attend the Intoxilyzer 9000 Basic Operator Training Class. There is a class fee for federal and military agencies of $100 per student. For enrollment of federal or military personnel please contact the Implied Consent Section. Due to limited resources class attendance is restricted only to law enforcement personnel. Intoxilyzer 9000 Operators possessing active permits or who have been expired for less than one year are eligible to attend the Intoxilyzer 9000 Refresher class. (Click here for Refresher Class Info) . All individuals seeking an Intoxilyzer 9000 Operator's permit for the first time or possessing Intoxilyzer permits that have been expired for more than one year must successfully complete the Intoxilyzer Basic class to obtain a valid permit. (Click here for Basic Class Info
- How do I get a reprint of my permit?
- We typically do not reprint permits older than 4 years after expiration; however, for a reprint of your current active permit email a request to the Implied Consent Section using the link below. Please include your name, permit number, permit type, agency name, contact number, e-mail address and current mailing address. click here to send formatted email
- How do I get information regarding the transition to the Intoxilyzer 9000?
- All existing evidential instruments should have been transitioned to the Intoxilyzer 9000 by December 31, 2015. As of this date, the Intoxilyzer 5000 is no longer an approved instrument. See the Transition FAQ below for details. The Intoxilyzer 9000 Transition class was discontinued as of June 2016.
- How do I obtain information about the specific Intoxilyzer 9000 used to run a particular test?
- It is recommended that individuals potentially affected by an Intoxilyzer 9000 test review information relevant to the test and familiarize themselves with the test result. This information typically includes the breath test report generated at the time of testing. A copy of this document is usually provided to the test subject at the time of testing, but should also be retained by the arresting officer and testing agency. If additional information regarding the testing instrument is desired, it can be requested from the Georgia Bureau of Investigation Open Records Department. Just submit a request for the desired documents along with the instrument serial number found in the upper left hand side of the breath test report and the date range of interest. The most commonly requested Intoxilyzer 9000 record is the quarterly inspection file. The quarterly inspection file is prepared by the Area Supervisor charged with inspecting the instrument and typically contains: the certificate of inspection, a summary the inspection findings, a description of any maintenance performed during the inspection, and any printout generated by the Intoxilyzer 9000 during the official inspection. Other instrument specific documents that can also be obtained from the Open Records Department upon request where they exist. To find the contact information for the Open Records Department click here
- How do I find a list of approved Preliminary Breath Testing Devices (PBTs)?
- Pursuant to GBI 92-3 the Georgia Bureau of Investigation maintains a list of approved devices for roadside alcohol screening. These roadside tests conducted prior to arrest are not considered evidential breath alcohol test for the establishment of alcohol concentration, but instead are intended to be used to determine whether a suspect is positive or negative for alcohol during roadside investigation. An official list of approved PBTs can be found in the Operational Procedures of the Implied Consent Section under OPSIC 06. A summary of currently approved PBTs can be found below.
|
Manufacturer |
PBT Model |
Date Approved |
Date Removed from Service |
|
Intoximeter |
Alcolyzer |
Approved prior to 2004 |
Active |
|
Alco-sensor and Alco-sensor II |
Approved prior to 2004 |
Active |
|
|
Alcosensor III and RBT |
Approved prior to 2004 |
Active |
|
|
Alcosensor IV |
Approved prior to 2004 |
Active |
|
|
Alcosensor V XL |
3/14/2013 |
Active |
|
|
Alcosensor FST |
7/1/2004 |
Active |
|
|
Alcohol Conter-measure System Inc |
A.L.E.R.T. |
Approved prior to 2004 |
Active |
|
CMI, Inc |
SD-2 and SD-5 |
Approved prior to 2004 |
Active |
|
Model 300 and 400 |
Approved prior to 2004 |
Active |
|
|
Intoxilyzer 500 |
6/1/2016 |
Active |
|
|
Intoxilyzer 800 |
11/1/2018 |
Active |
|
|
Lifeloc Technologies |
FC10 |
Approved prior to 2004 |
Active |
|
FC10Plus and FC20 |
12/1/2008 |
Active |
|
|
Draeger Saftey Inc |
Alcotest 6510 |
6/1/2006 |
Active |
|
Alcotest 6810 |
5/1/2008 |
Active |
|
|
Alcotest 5510 |
3/1/2014 |
Active |
|
|
Alcotest 6820 |
3/1/2016 |
Active |
|
|
Alcotest 5820 |
11/1/2018 |
Active |
|
|
PAS Systems |
Mark V Alcovisor |
6/1/2013 |
Active |
- Notification: Estimated Methanol Concentration in Interferent Solutions (2013-2017)
- This letter details an error that was discovered in the estimated methanol concentration of the interferent solution used in the execution of the Quarterly Inspection Protocol, OPSIC IO 03. Though the Division of Forensic Sciences approves various different interferent solution concentrations, interferent solutions issued between 2013 and 2017 bearing a labeled methanol concentration of 0.049 g/210L actually contained a concentration of approximately 0.025 g/210L. This error does not adversely impact the certification of evidential breath testing instruments, but should be noted when looking at inspection records between 2013 and 2017. A link to the letter of notification sent to the area supervisors can be found here. (
Click
here for the Notification Letter
- This letter details an error that was discovered in the estimated methanol concentration of the interferent solution used in the execution of the Quarterly Inspection Protocol, OPSIC IO 03. Though the Division of Forensic Sciences approves various different interferent solution concentrations, interferent solutions issued between 2013 and 2017 bearing a labeled methanol concentration of 0.049 g/210L actually contained a concentration of approximately 0.025 g/210L. This error does not adversely impact the certification of evidential breath testing instruments, but should be noted when looking at inspection records between 2013 and 2017. A link to the letter of notification sent to the area supervisors can be found here. (
- How do I get a copy of the Inspection Procedure and/or Training manual?
- Inspection Procedures and other documents associated with the Implied Consent section can be obtained from the DOFS website by clicking the following link. Click Here for DOFS Documents Other documents can be obtained by making an Open Records request to the GBI Open Records department. For details click here. Below is a summary of the most requested general documents.
-
Inspection Protocol—IC OPS IO 03 and IC OPS 04 (This is a detailed description of steps taken in the inspection of evidential breath testing instruments)
-
Intoxilyzer 9000 Georgia Operator’s Training Manual Revision 20XX. (Training manual provided to breath testing operators detailing information about breath testing theory and operation.)
-
Note: A copy of the most recent version of each manual can be found below.
Current Intoxilyzer 9000 Training Manuals
Click
here
to see a copy of the 2023 Intoxilyzer 9000 Basic Training Manual
Click
here
to see a copy of the 2023 Intoxilyzer 9000 Refresher Training Manual
Previous Intoxilyzer 5000 Manuals
(The links below represent the last revision of these manuals)
Click
here
to see a copy of the 2012 Intoxilyzer 5000 Georgia Operator's Refresher Training Manual
Click
here
to see a copy of the 2013 Intoxilyzer 5000 Georgia Operator's Basic Training ManualPrevious Intoxilyzer 9000 Manuals
Click
here
to see a copy of the 2015 Intoxilyzer 9000 Transition Training ManualNote: Other revisions of Georgia Operator Intoxilyzer Training Manuals are available upon request.
-
- Inspection Procedures and other documents associated with the Implied Consent section can be obtained from the DOFS website by clicking the following link. Click Here for DOFS Documents Other documents can be obtained by making an Open Records request to the GBI Open Records department. For details click here. Below is a summary of the most requested general documents.