The State v. Domenge-Delhoyo

Because the trial court should be affirmed on the alternative ground raised below that Domenge-Delhoyo was not timely advised of her implied consent rights, I respectfully dissent.10

“OCGA § 40-5-55 (a)[ ] provides that any person who operates a motor vehicle in this state and is arrested for DUI is deemed to have given consent to chemical tests of his bodily substances to determine the presence of alcohol or drugs.” Lee v. State, 324 Ga. App. 28, 29 (1) (749 SE2d 32) (2013). The purpose of providing the implied consent notice in accordance with OCGA § 40-6-392 (a) (4) is to notify drivers of…