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Georgia DUI Law Statute:
40-5-55 G
CODE SECTION 12/03/01
40-5-55.
(a) The State of Georgia considers that any person who drives or is
in actual physical control of any moving vehicle in violation of any
provision of Code Section 40-6-391 constitutes a direct and
immediate threat to the welfare and safety of the general public.
Therefore, any person who operates a motor vehicle upon the highways
or elsewhere throughout this state shall be deemed to have given
consent, subject to Code Section 40-6-392, to a chemical test or
tests of his or her blood, breath, urine, or other bodily substances
for the purpose of determining the presence of alcohol or any other
drug, if arrested for any offense arising out of acts alleged to
have been committed in violation of Code Section 40-6-391 or if such
person is involved in any traffic accident resulting in serious
injuries or fatalities. The test or tests shall be administered at
the request of a law enforcement officer having reasonable grounds
to believe that the person has been driving or was in actual
physical control of a moving motor vehicle upon the highways or
elsewhere throughout this state in violation of Code Section
40-6-391. The test or tests shall be administered as soon as
possible to any person who operates a motor vehicle upon the
highways or elsewhere throughout this state who is involved in any
traffic accident resulting in serious injuries or fatalities.
Subject to Code Section 40-6-392, the requesting law enforcement
officer shall designate which of the test or tests shall be
administered, provided a blood test with drug screen may be
administered to any person operating a motor vehicle involved in a
traffic accident resulting in serious injuries or fatalities.
(b) Any person who is dead, unconscious, or otherwise in a condition
rendering such person incapable of refusal shall be deemed not to
have withdrawn the consent provided by subsection (a) of this Code
section, and the test or tests may be administered, subject to Code
Section 40-6-392.
(c) As used in this Code section, the term “traffic accident
resulting in serious injuries or fatalities” means any motor vehicle
accident in which a person was killed or in which one or more
persons suffered a fractured bone, severe burns, disfigurement,
dismemberment, partial or total loss of sight or hearing, or loss of
consciousness.
Reference: DUI Arrest Help
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