State v. Bowen

The majority parses OCGA § 52-7-12 (c) (1) and determines that although the APA does not apply to the first sentence, it applies to the second. I cannot agree.

OCGA § 52-7-12 (c) (1), regarding chemical testing to determine whether one is “boating” under the influence, mirrors OCGA § 40-6-392 (a) (1) (A) regarding the same chemical testing to determine whether one is “driving” under the influence. The language of both *163statutes was adopted, respectively, in 19921 and 1988.2 In 1997, however, the legislature “consolidated] and revise [d] the laws of this state relating to the Division of…