---
title: O.C.G.A. § 40-5-153. Implied consent to chemical test; administration of test; procedure.
collection: code
id: 40-5-153
cite_as: O.C.G.A. § 40-5-153 (2025)
canonical_url: https://georgiacommons.org/code/40-5-153
md_url: https://georgiacommons.org/code/40-5-153.md
text_url: https://georgiacommons.org/code/40-5-153/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t40-ch1-5-(v28a)-2024-pdf.pdf?sfvrsn=636595ac_0#page=767
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MOTOR VEHICLES AND TRAFFIC / DRIVERS’ LICENSES / COMMERCIAL DRIVERS’ LICENSES
---

# O.C.G.A. § 40-5-153. Implied consent to chemical test; administration of test; procedure.

(a) Any person who drives a commercial motor vehicle anywhere in the state shall be deemed to have given consent, subject to the provisions of Code Sections 40-5-55 and 40-6-392, to a test or tests of that person’s blood, breath, or urine for the purpose of determining that person’s alcohol concentration or the presence of other drugs.

(b) A test or tests may be administered at the direction of a law enforcement officer who, after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that driver was driving a commercial motor vehicle while having any measurable alcohol in his or her system.

(c) A person requested to submit to a test as provided in subsection (a) of this Code section must be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in that person’s being disqualified from operating a commercial motor vehicle for one year under Code Section 40-5-151 and from operating a private motor vehicle as provided in Code Section 40-5-67.1.

(d) If the person refuses testing, the law enforcement officer must submit an affidavit to the department within ten days of such refusal certifying that the test was requested pursuant to subsection (a) of this Code section and that the person refused to submit to testing.

(e) Upon receipt of the affidavit submitted by a law enforcement officer under subsection (d) of this Code section, the department must disqualify the driver from driving a commercial motor vehicle for a period of one year as provided under Code Section 40-5-151 and, if the driver refused testing, from operating a private motor vehicle as provided under Code Section 40-5-67.1. If the driver is in possession of a driver’s license, the officer shall take possession of the license and attach it to the affidavit.

## History

Code 1981, § 40-5-153, enacted by Ga. L. 1989, p. 519, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 1992, p. 2564, § 11; Ga. L. 2000, p. 951, § 5-60.

## Law Reviews

For note on 1992 amendment of this Code section, see 9 Georgia St. U.L. Rev. 298 (1992).