DUI; Implied Consent, Multiple State Administered Tests; Miranda. State v. Warmack, 203 Ga. App. 157 (1998).

Officer John Helton stopped W. Warmack for DUI in Dalton, Georgia. He arrested him. Warmack blew .064 and .058 at the police station. Based on the inconsistency of the breath result and the field tests by the Officer, the Officer re-read implied consent and requested blood.

Warmack became angry and refused. The Whitfield County Trial Court suppressed any mention of the request for blood or Warmack’s refusal. The Court relied on the plain language of OCGA 40-5-67.1(a) which allowed blood and urine or a breath and urine only.  The legislature later amended the statute to allow police to request an additional blood test after a negative breath test but the Defendant still must be re-read implied consent rights and must be Mirandized as well.  See, State v. Coe, 243 GA. App. 232 (2000)(“—that, because state law affords greater protection against self-incrimination than the federal constitution,” where the driver is already in State custody, as here, the request to undergo further State testing must be preceded by Miranda warnings”)