Voluntariness inquiry is outside the scope of administrative license suspension proceedings.
Docket Number: 1516390 , Decision Date: April 29, 2015
Attachment: Click here to download the decision.
A DUI suspect contended that his agreement to submit to a breath test after having been read the implied consent notice did not amount to “actual consent” such as to obviate the need for obtaining a warrant before procuring and testing a sample of his breath, citing the Georgia Supreme Court case of Williams v. State. However, as the issue of voluntariness is not within the statutorily-prescribed scope of license suspensions proceedings, and the remedy of suppression of unconstitutionally-obtained evidence is unavailable in such proceedings, the results of the chemical test were admissible.