Bibb County Judge Excludes DUI Breath Test for Lack of Actual Consent

Our client was arrested for DUI by the Bibb County Sheriff’s Office and gave a breath sample after the implied consent notice was read.

An earlier motion to exclude the breath test was denied. After the Georgia Supreme Court held in Williams v. State that a breath or blood test requires actual, voluntary consent, we renewed the motion. The court granted it and excluded the breath test results.

Every case turns on its own facts. Past results do not guarantee a similar outcome in any future matter.