Implied Consent Overview

The Implied Consent section of the GBI, in cooperation with the Georgia State Patrol, oversees the state’s breath alcohol testing program.

The responsibilities of the Implied Consent program include:

Approving evidential breath testing devices

The Intoxilyzer 5000 is currently the only evidential breath testing instrument approved for use in the state of Georgia.  There are over 500 active instrument statewide in over 158 counties.

Approving portable breath alcohol screening devices.

The GBI approves the design of portable breath alcohol screening devices through a series of laboratory and field tests.  An official list of approved screening devices can be obtained by contacting the GBI-DOFS Open Records department.

Training and certifying breath testing device operators.

The Implied Consent section certifies approximately 1000 new breath testing operators every year.  This is done through a 16-hour course conducted at the Georgia Public Safety Training Center (GPSTC) in Forsyth, GA. Breath testing device operators are required to renew their breath testing permit once every four years.  There are approximately 10,000 certified breath testing operators in the state of Georgia.

Approving methods for breath testing.

Details of the approved method for breath testing can be found in OCGA 40-6-392 and GBI Rule 92-3.  GBI Rule 92-3 is on file with the Secretary of State’s office.

Important Update Sept 2012:
Evaluation of Breath Alcohol Testing Instruments to Replace the Intoxilyzer 5000
Summary of Sept 2012 changes to GBI Rule 92-3
GBI Rule 92-3 proposal, Sept 2012 amendments
Summary of Difference between the Intoxilyzer 5000 and the Intoxilyzer 9000

Ensuring that evidential breath testing instruments receive valid periodic inspections to ensure proper operation and calibration.

Each evidential breath testing instrument is inspected  for proper operation once every calendar quarter. Instrument inspections are performed by members of the Georgia State Patrol Implied Consent Unit under the guidelines of the GBI-DOFS.  These area supervisors  perform approximately 2000 quarterly inspections each year.  A detailed list of steps performed during instrument inspections can be obtained from the GBI Open Records department by requesting a copy of IC OPS IO 01 and IC OPS 04.

Providing expert testimony regarding breath testing theory and procedures.