Defendant was charged in an accusation with driving under the influence of alcohol, obstruction, reckless driving, failure to maintain lane and speeding. The trial court granted defendant's motion in limine to exclude evidence of his refusal to take a state administered breath test based on the arresting officer's failure to read verbatim the implied consent notice mandated by OCGA 40-5-67.1
(b) (2). The State appeals. Held:
The General Assembly amended OCGA 40-5-67.1
(b), effective March 27, 1998, to state that an implied consent notice "shall be read in its entirety but need not be read exactly so long as the substance of the notice remains unchanged." Ga. L. 1998, pp. 210, 212. Although the offenses for which defendant is charged allegedly occurred on November 2, 1997, this amendment applies retroactively in the case sub judice. See State v. Moncrief, 234 Ga. App. 871
, 872 (4), 873 (5) (508 SE2d 216
). Accordingly, the controlling issue is whether the implied consent warnings given defendant satisfied the applicable statutory requirement under OCGA 40-5-67.1
. See State v. Sneddon, 235 Ga. App. 739
(---- SE2d----). To this extent, defendant complains that the arresting officer's implied consent warnings were deficient because the arresting officer changed the word "tests" to "test" in OCGA 40-5-67.1
(b) (2)'s next to the last sentence and thereby changed the Code subsection's meaning. 1
We do not agree.
The arresting officer's testimony reveals that he used the word "test" instead of "tests" in the next to the last sentence of his implied consent warnings to defendant because the officer only asked defendant to submit to one type of state administered test -- i.e., a breath test. Under such circumstances, we find that the arresting officer's implied consent warnings to defendant satisfied the applicable statutory requirements under OCGA 40-5-67.1
. See State v. Hopkins, 232 Ga. App. 705 (503 SE2d 590)
. The trial court therefore erred in granting defendant's motion in limine to exclude evidence of his refusal to take a state administered breath test.
James M. Mullis, for appellee.