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1-2-6
8-3-202
10-1-100
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12-3-9
12-3-10
12-3-10.1
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15-9-60
15-11-601
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16-1-10
16-3-1
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16-7-21
16-11-34.1
16-11-38
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16-12-129
16-13-21
16-13-25
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16-13-27
16-13-27.1
16-13-28
16-13-29
17-5-50
17-5-51
17-5-52
17-5-52.1
17-5-53
17-10-3
21-2-2
21-2-413
27-1-36
27-1-38
27-3-1.1
27-3-6
27-3-7
27-4-11.1
33-24-30.1
35-3-34
37-1-1
38-2-194
38-2-277
38-2-301
38-3-37
38-3-51
41-1-9
42-4-13
42-5-15
43-38-10
50-18-70
50-18-71
50-18-72
50-18-73
50-18-74
51-11-9
Found In LexisNexis by searching for "27-3-7" or in the TOC under:
Title 27 - GAME AND FISH
Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS
Article 1 - HUNTING
Part 1 - GENERAL PROVISIONS
The code sections are all Copyright © 2017 by The State of Georgia
O.C.G.A.§ 27-3-7
Hunting under the influence of alcohol or drugs
(a) As used in this Code section, the term "hunt" or "hunting" means the act
of hunting, as such term is defined in Code Section 27-1-2, while in possession
of or using a firearm, bow, or any other device which serves to launch a
projectile.
(b) A person shall not hunt while:
(1) Under the influence of alcohol to the extent that it is less
safe for the person to hunt;
(2) Under the influence of any drug to the extent that it is less
safe for the person to hunt;
(3) Under the combined influence of alcohol and any drug to the
extent that it is less safe for the person to hunt;
(4) The person's alcohol concentration is 0.08 grams or more at any
time within three hours after such hunting from alcohol consumed before such
hunting ended; or
(5) Subject to the provisions of subsection (c) of this Code
section, there is any amount of marijuana or a controlled substance, as defined
in Code Section 16-13-21, present in the person's blood or urine, or both,
including the metabolites and derivatives of each or both without regard to
whether or not any alcohol is present in the person's breath or blood.
(c) The fact that any person charged with violating this Code section is or has
been legally entitled to use a drug shall not constitute a defense against any
charge of violating this Code section; provided, however, that such person shall
not be in violation of this Code section unless such person is rendered
incapable of hunting safely as a result of using a drug other than alcohol which
such person is legally entitled to use.
(d) Upon the trial of any civil or criminal action or proceeding arising out of
acts alleged to have been committed by any person in violation of subsection (b)
of this Code section, evidence of the amount of alcohol or drug in a person's
blood, urine, breath, or other bodily substance at the alleged time, as
determined by a chemical analysis of the person's blood, urine, breath, or other
bodily substance shall be admissible. Where such a chemical test is made, the
following provisions shall apply:
(1) Chemical analysis of the person's blood, urine, breath, or
other bodily substance, to be considered valid under this Code section, shall
have been performed according to methods approved by the Division of Forensic
Sciences of the Georgia Bureau of Investigation on a machine which was operated
with all the electronic and operating components prescribed by its manufacturer
properly attached and in good working order and by an individual possessing a
valid permit issued by the Division of Forensic Sciences for this purpose. The
Division of Forensic Sciences of the Georgia Bureau of Investigation shall
approve satisfactory techniques or methods to ascertain the qualifications and
competence of individuals to conduct analyses and to issue permits, along with
requirements for properly operating and maintaining any testing instruments, and
to issue certificates certifying that instruments have met those requirements,
which certificates and permits shall be subject to termination or revocation at
the discretion of the Division of Forensic Sciences;
(2) When a person undergoes a chemical test at the request of a law
enforcement officer, only a physician, registered nurse, laboratory technician,
emergency medical technician, or other qualified person may withdraw blood for
the purpose of determining the alcoholic content therein, provided that this
limitation shall not apply to the taking of breath or urine specimens. No
physician, registered nurse, or other qualified person or employer thereof shall
incur any civil or criminal liability as a result of the medically proper
obtaining of such blood specimens when requested in writing by a law enforcement
officer;
(3) The person tested may have a physician or a qualified
technician, chemist, registered nurse, or other qualified person of his or her
own choosing administer a chemical test or tests in addition to any administered
at the direction of a law enforcement officer. The justifiable failure or
inability to obtain an additional test shall not preclude the admission of
evidence relating to the test or tests taken at the direction of a law
enforcement officer; and
(4) Upon the request of the person who shall submit to a chemical
test or tests at the request of a law enforcement officer, full information
concerning the test or tests shall be made available to such person or such
person's attorney. The arresting officer at the time of arrest shall advise the
person arrested of his or her rights to a chemical test or tests according to
this Code section.
(e) In the event of a hunting accident involving a fatality, the investigating
coroner or medical examiner having jurisdiction shall direct that a chemical
blood test to determine the blood alcohol concentration or the presence of drugs
be performed on the dead person and that the results of such test be properly
recorded on his or her report.
(f) Upon the trial of any civil or criminal action or proceeding arising out of
acts alleged to have been committed by any person hunting in violation of
subsection (b) of this Code section, the amount of alcohol in the person's blood
at the time alleged, as shown by chemical analysis of the person's blood, urine,
breath, or other bodily substance, shall give rise to the following
presumptions:
(1) If there was at that time a blood alcohol concentration of 0.05
grams or less, it shall be presumed that the person was not under the influence
of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of
this Code section;
(2) If there was at that time a blood alcohol concentration in
excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to
any presumption that the person was or was not under the influence of alcohol,
as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code
section, but such fact may be considered with other competent evidence in
determining whether the person was under the influence of alcohol, as prohibited
by paragraphs (1), (2), and (3) of subsection (b) of this Code section; and
(3) If there was at that time or within three hours after hunting,
from alcohol consumed before such hunting ended, a blood alcohol concentration
of 0.08 or more grams, the person shall be in violation of paragraph (4) of
subsection (b) of this Code section.
(g) (1) Any person who exercises the privilege of hunting in this state shall be
deemed to have given consent, subject to subsection (d) of this Code section, to
a chemical test or tests of his or her blood, breath, urine, or other bodily
substances for the purpose of determining the presence of alcohol or any other
drug, if arrested for any offense arising out of acts alleged to have been
committed while such person was hunting in violation of subsection (b) of this
Code section. Subject to subsection (d) of this Code section, the requesting law
enforcement officer shall designate which test or tests shall be administered.
(2) At the time a chemical test or tests are requested, the
arresting officer shall read to the person the following implied consent
warning:
"Georgia law requires you to submit to state administered chemical tests of your
blood, breath, urine, or other bodily substances for the purpose of determining
if you are under the influence of alcohol or drugs. If you refuse this testing
and you are convicted of hunting while under the influence of alcohol or drugs,
your privilege to hunt in this state will be suspended for a period of two
years. Your refusal to submit to the required testing may be offered into
evidence against you at trial. If you submit to testing and the results indicate
an alcohol concentration of 0.08 grams or more and if you are subsequently
convicted of hunting under the influence of alcohol by having an alcohol
concentration of 0.08 grams or more at any time within three hours after hunting
from alcohol consumed before such hunting ended, your privilege to hunt in this
state will be suspended for a period of one year. After first submitting to the
required state tests, you are entitled to additional chemical tests of your
blood, breath, urine, or other bodily substances at your own expense and from
qualified personnel of your own choosing. Will you submit to the state
administered chemical tests of your ( designate which tests ) under the implied
consent law?"
(h) Any person who is dead, unconscious, or otherwise in a condition rendering
such person incapable of refusal shall be deemed not to have withdrawn the
consent provided by subsection (g) of this Code section, and the test or tests
may be administered, subject to subsection (d) of this Code section.
(i) (1) If a person refuses, upon the request of a law enforcement officer, to
submit to a chemical test designated by the law enforcement officer as provided
in subsection (g) of this Code section, no test shall be given; provided,
however, that subject to the provisions of paragraphs (2) and (3) of this
subsection, such refusal shall be admissible in any legal action; and provided,
further, that upon conviction of a violation of subsection (b) of this Code
section, in addition to any other punishment imposed, such person's privileges
to hunt in this state shall be suspended by operation of law for a period of two
years. The fact that such person was not in possession of a valid hunting
license at the time of the violation shall have no effect on the suspension of
his or her hunting privilege.
(2) If in any legal action a party desires to present evidence of
the refusal of a person charged with violating subsection (b) of this Code
section to submit to a chemical test designated by a law enforcement officer as
provided in subsection (g) of this Code section, the party desiring to present
such evidence shall request the judge presiding over such legal proceeding to
hold a hearing to determine the admissibility of such evidence after notice to
the person alleged to have refused to submit to such testing and to the law
enforcement officer.
(3) The scope of the hearing shall be limited to the following
issues:
(A) Whether the law enforcement officer had
reasonable grounds to believe the person was hunting while under the influence
of alcohol or a controlled substance and was lawfully placed under arrest for
violating subsection (b) of this Code section;
(B) Whether at the time of the request for the
test or tests the officer informed the person of the person's implied consent
rights and the consequence of submitting or refusing to submit to such test; and
(C) Whether the person refused to submit to the
test.
(4) It shall be unlawful during any period of a person's hunting
privilege suspension for such person to:
(A) Hunt without a license in violation of Code
Section 27-2-1;
(B) Possess a current Georgia hunting license; or
(C) Hunt in any situation where a hunting license
is not required.
(5) Any person convicted of hunting while intoxicated while his or
her hunting privileges are suspended pursuant to this subsection shall be guilty
of a misdemeanor.
(j) Nothing in this Code section shall be deemed to preclude the acquisition or
admission of evidence of a violation of this Code section if the evidence was
obtained by voluntary consent or a search warrant as authorized by the
Constitution or the laws of this state or the United States.
(k) Upon the request of a law enforcement officer, if a person consents to
submit to a chemical test designated by such officer as provided in subsection
(g) of this Code section, and the results of such test indicate an alcohol
concentration of 0.08 grams or more, upon a conviction of a violation of
paragraph (4) of subsection (b) of this Code section, in addition to any other
punishment imposed, such person's privileges to hunt in this state shall be
suspended by operation of law for a period of one year. Even if such person did
not possess a valid hunting license at the time of the violation, such person's
hunting privileges shall be suspended for one year.
(l) Following the period of suspension set forth in subsection (i) or (k) of
this Code section, such person may apply to the department for reinstatement of
his or her hunting privileges. Any suspension pursuant to this Code section
shall remain in effect until such person submits proof of completion of a DUI
Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver
Services and pays a restoration fee of $200.00, unless such conviction was a
recidivist conviction, in which case the restoration fee shall be $500.00.
HISTORY:
Ga. L. 1953, Nov.-Dec. Sess., p. 327, § 1; Ga. L. 1955, p. 483, § 56; Code 1933, § 45-506, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1996, p. 1134, § 2; Ga. L. 2013, p. 92, § 3/SB 136; Ga. L. 2014, p. 344, § 2/HB 783.