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.
- Approving portable breath alcohol screening devices.
- Training and certifying breath testing device operators.
- Approving methods for breath testing.
- Ensuring that evidential breath testing instruments receive valid periodic inspections to ensure proper operation and calibration.
- Providing expert testimony regarding breath testing theory and procedures.
Approving Evidential Breath Testing Devices
Pursuant to GBI Rule 92-3.06 (5) (b), as of December 31, 2015, the Intoxilyzer 9000 is the only instrument approved for evidential breath alcohol testing in Georgia. A link to the Rules of the Georgia Bureau of Investigation, 92-3 can be found here.
Approving Portable Breath Alcohol Screening Devices.
The GBI also approves the design of portable breath alcohol screening devices through a series of laboratory and field tests. The following devices are approved by the Division of Forensic Sciences for performing alcohol screening tests:
|
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 |
An official list of approved PBTs can be found in the Operational Procedures of the Implied Consent Section, OPSIC 06. A link to the quality documents of the Division of Forensic Sciences can be found here.
Training and Certifying Breath Testing Device Operators.
The Implied Consent section certifies approximately 1,000 new breath testing operators every year. This is done through a 16-hour Basic Breath Alcohol Testing 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. At any given time, there are over 6,000 certified breath testing operators in the state of Georgia. Training for existing Intoxilyzer 9000 operators is conducted through a 4-hour Recertification course held at GPSTC in Forsyth, GA. Scheduling of students for all Intoxilyzer 9000 classes is handled by the Division of Forensic Sciences. For information about the breath alcohol testing program or for class reservations, see the Implied Consent section at webpage at the following links
Intoxilyzer 9000 Recertification Class
Approving Methods for Breath Testing.
Details of the approved method for breath testing can be found in OCGA 40-6-392 and GBI Rule 92-3.06 (12) which states:
The methods approved by the Division of Forensic Sciences for conducting an evidential breath alcohol analysis shall consist of the following:
(1) the analysis shall be conducted on an approved instrument as defined in 92-3-.06 (5).
(2) the analysis shall be performed by an individual holding a valid permit, in accordance with Rule 92-3-.02(2); and
(3) the testing instrument shall have been checked periodically for calibration and operation, in accordance with Rule 92-3-.06(8)(a);
(b) Administrative, procedural, and/or clerical steps performed in conducting a test shall not constitute a part of the approved method of analysis.
GBI Rule 92-3 is on file with the Secretary of State’s office. A link to GBI Rule 92-3 can be found here.
Ensuring that Evidential Breath Testing Instruments Receive Valid Periodic Inspections.
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 set forth in OPSIC 04, OPSIC IO 03, and OPSIC IO 04. Implied Consent area supervisors perform approximately 2000 quarterly inspections each year. A copy of the steps involved in these inspections can be found in the Division of Forensic Sciences Quality Documents under the Implied subfolder of the Operations section of the Official Manual. A link to these procedures can be found here. For a copy of inspection documents please contact the Open Record Department at the link below. Please include the instrument serial number and date range of interest for the documents you are requesting.
Providing Expert Testimony Regarding Breath Testing Theory and Procedures.
For general question or questions regarding expert testimony on breath alcohol related cases please contact us using the links below.