Prior refusal of state-administered chemical test was not subsequently rescinded.
Docket Number: 1324952 , Decision Date: February 21, 2013
Attachment: Click here to download the decision.
Petitioner refused to submit to a state-administered blood alcohol test. Petitioner claims that he later agreed to the test after arriving at the jail. Based on the five-part Seay test, which articulates the criteria that must be met in order for a party to effectively rescind a prior refusal, the Court did not find the Petitioner’s testimony regarding his subsequent consent credible. Dep’t of Pub. Safety v. Seay, 206 Ga. App. 71 (1992).