Rackoff v. State

Thompson, Justice.

We granted a writ of certiorari to the Court of Appeals in Rackoff v. State, 275 Ga. App. 737 (621 SE2d 841) (2005), to determine (1) whether a person arrested for driving under the influence is entitled to advice of counsel before deciding if he should submit to a breath test; and (2) whether the inspection certificate of the instrument used to conduct the test was testimonial hearsay, and, therefore, inadmissible. We answer these questions in the negative.

Rackoff was arrested for DUI and the arresting officer explained his implied consent rights. Before he decided whether…