Driver did not refuse test where he provided one adequate breath sample.
Docket Number: 1635913 , Decision Date: March 24, 2016
Attachment: Click here to download the decision.
A driver agreed to submit to a state-administered breath test after he was arrested for DUI and read the implied consent notice. During the test, the driver provided one adequate breath sample, but failed to provide a second sample. The officer thereafter indicated on the form initiating license suspension proceedings that the driver refused to submit to the breath test. The Court reversed the suspension because, under Georgia law, where a driver provides an adequate breath sample, any refusal by the driver to give an additional sample “shall not be construed as a refusal” for purposes of suspension proceedings.