Concussed in a crash, then given a sobriety test or a ticket: what Georgia law looks at

Attorney Answer

Your message breaks off at what you were given, so this page covers the two likeliest answers. If it was a field sobriety test and you were then charged with DUI, your concussion is a central defense question for a DUI lawyer, and a license deadline may already have run. If it was a ticket, the ticket and your own injury claim run separately, but how you resolve the ticket can affect the claim.

If it was a field sobriety test. The Supreme Court of Georgia has held that a refusal to perform field sobriety tests that need the suspect's cooperation, or a roadside breath test, cannot be introduced at trial: Ammons v. State, 315 Ga. 149, 880 S.E.2d 544 (2022). If you performed the tests, how a concussion could have affected them is a question for a DUI lawyer and, often, a medical expert. If you were arrested and asked to take the state's chemical test, O.C.G.A. § 40-5-67.1 sets a short window, 30 days from the notice, to request a hearing on the license suspension; a lawyer can tell you whether anything can still be done.

If it was a ticket. Paying a ticket counts as a conviction for your license under O.C.G.A. § 40-5-1:

(6) “Conviction” means a forfeiture of bail or collateral deposited to secure a defendant’s appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt on a traffic violation charge, regardless of whether the sentence is suspended, probated, or rebated.

In the civil case, the effect is narrower. Paying a fine after a not-guilty plea, or a nolo contendere plea, is not an admission of fault; a guilty plea, or posting a cash bond and not appearing, is. The Court of Appeals drew that line in Agic v. Metropolitan Atlanta Rapid Transit Authority, 334 Ga. App. 679, 780 S.E.2d 79 (2015). So talk to a lawyer before you pay, if you also have an injury claim.

Your injury claim. With broken ribs and a concussion, you may have a claim against the other driver. Georgia reduces your recovery by your share of the fault and bars it at 50 percent. O.C.G.A. § 51-12-33(g):

(g) Notwithstanding the provisions of this Code section or any other provisions of law which might be construed to the contrary, the plaintiff shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed.

What you can do

1. Talk to a Georgia criminal defense lawyer before you speak to the police, an insurer or anyone else about this, and do not write out your account of what happened for anyone in the meantime. What you say can be used as evidence.

2. Find every paper you were given at the scene or afterward, and see what it says you were charged with.

3. Keep your medical records from the crash, especially those describing the concussion and when it was diagnosed.

4. Do not pay a ticket before a lawyer has looked at it.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Georgia attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. A license hearing after a state chemical test must be requested within 30 days of the notice under O.C.G.A. § 40-5-67.1. A lawsuit for your injuries must be filed within two years under O.C.G.A. § 9-3-33.