State v. Bowen

Smith, Presiding Judge.

Reed Stephens Bowen was arrested for boating under the influence (“BUI”). See OCGA § 52-7-12 (a) (4). Department of Natural Resources rangers gave Bowen his implied consent notice and then a breath test. Bowen moved to suppress the results of the test. The trial court found that the Georgia Bureau of Investigation (“GBI”) had not published its procedures for granting permits for the administration of breath, blood, and urine tests under the BUI provisions of the Georgia Boat Safety Act. See OCGA § 52-7-12. Holding this failure to publish to be a violation of the…