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The appeal of a Henry County case has led the Georgia Supreme Court to overrule a line of Court of Appeals decisions and clarify the standard for courts to use in determining whether an impaired driving suspect has made a valid request for independent testing when the suspect’s language is unclear.

State law allows a driver accused of impairment to request an independent, chemical test of “blood, urine, breath, or other bodily substances” in addition to any test obtained by a law enforcement officer. When an independent test is requested but not given and that failure to secure the requested test is “justifiable,” state law allows the officer’s test to be generally admissible as evidence against the accused driver.

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