A police officer arresting you for DUI can ask you for a sample of your blood alcohol content (“BAC”). Sometimes a person does not know what to do and turns to an arresting officer for advice. Sometimes the advice is fair and true, sometimes it is misleading and illegal. The following are factors in what is legal and what violates your rights:
“If an officer gives additional, misleading information that impairs a defendant’s ability to make an informed decision about whether to submit to testing, the defendant’s test results . . . must be suppressed.” Miller v. State, 317 Ga. App. 504 (2012). “Misinformation regarding the consequences of a refusal to submit to the state administered test may constitute unlawful coercion. Wallace v. State, 325 Ga. App. 142 (2013). Misinformation not necessarily required, “the court must evaluate the officer’s actions to determine if the officer acted reasonably in the situation and whether the procedure was applied in a fair manner.” State v. Rowell, 299 Ga. App. 238 (2009). “The procedure utilized by the officer in attempting to persuade a defendant to rescind [her] refusal [must be] fair and reasonable.” Id. Whether Defendant “felt coerced when deputy mentioned[whatever] . . is at the heart of the case. Id. at 240.
Factors Considered:
- Was the Officer’s statement deceptively misleading regarding breath test?
- Made specifically to encourage or coerce Defendant into consenting?
- Was conversation surrounding about breath test?
- Close in time?
- Did submission take place immediately after information?
- Intentional misinformation not necessary?
- Subjective feelings of Defendant is heart of case?
If you have been arrested for DUI you should seek an expert to review your case today?
