In State v. Austell, A06A2171, (March 23, 2007), the Court of Appeals held that implied consent rights or the "breath test" rights must be read "at the time of arrest, or at a time as close in proximity to the instant of arrest as the circumstances of the individual case might warrant."  The court reviewed reasons that justify a delay in Implied consent like officer safety, securing valuables, roadway safety for the public,  fragile emotional state,  dealing with a second intoxicated driver and investigating an accident scene, cleaning up after being sprayed with pepper spray, dealing with a hazard created by a wrecked vehicle.  In the case at bar, the State Trooper arrested the defendant violently by striking him with his forearm after the defendant snatched his hands away while being cuffed.   The Trooper reasoned that he read implied consent at the Austell police station because he thought it might be safer given the Defendant's earlier resistance.  The Court held that a forty five minute delay not at the scene did not satisy the test of reading the rights as close as is reasonably possible to the time of arrest.  The Dissent argued that it was timely because the Defendant vomited in the back of the police car as further proof of the Defendant's incapacity to hear the rights.  However, as pointed out by the majority, the Trooper did not offer this as a reason.  The trial court's suppress of the blood test was affirmed.   

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