Superior court upholds DUI license suspension, declines to find implied consent statute unconstitutional

Topic: DUI, Decided by: Judge Kennedy 
Docket Number: 2220055 , Decision Date: February 16, 2023 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

A driver sought judicial review of an OSAH decision suspending his license following a DUI arrest.  The driver argued that the implied consent statute under O.C.G.A. § 40-5-67.1 was unconstitutional, and specifically that an officer’s demand for a blood test during a DUI arrest is unconstitutional.  A judge for the Superior Court of Fulton County upheld the suspension, holding that controlling precedent has found the implied consent statute to be constitutional.  The Superior Court Judge also concluded that Georgia courts have drawn a distinction between criminal procedures and civil procedures, with the license suspension falling into the latter category. 

Georgia Supreme Court denied application for discretionary appeal on April 18, 2023, Case No. S23D0732.


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