On June 18, 2025, the Georgia Court of Appeals delivered a pivotal ruling in State v. Hernandez (A25A0558), overturning a trial court’s decision to suppress blood test results in a DUI case due to a language barrier. This decision has significant implications for DUI defense in Henry County, particularly in cases where law enforcement relies on search warrants rather than implied consent to obtain chemical tests. As an experienced Henry County DUI attorney, I’ll break down the case, its key takeaways, and how it can shape defense strategies for those facing DUI charges in our community.

Case Overview: State v. Hernandez

The Incident: Armida Hernandez was stopped by police for speeding and failing to maintain a lane. Officers observed signs of intoxication, including an odor of alcohol and watery, bloodshot eyes. However, Hernandez did not speak English, and no interpreter was available. An officer used a translation app on his phone to communicate during field sobriety tests and a portable breath test, which led to her arrest for DUI. Critically, the officer read the Georgia implied consent notice in English without translation, and Hernandez did not consent to a chemical test. Instead, the officer obtained a search warrant to draw her blood, which was tested for alcohol.

Trial Court Ruling: Hernandez filed a motion to suppress evidence from the traffic stop, including the blood test results. The trial court suppressed the blood test results, relying on State v. Ortiz (363 Ga. App. 829, 2022), which held that a language barrier could invalidate consent for a breath test if the suspect did not understand the implied consent notice. The court reasoned that Hernandez’s inability to understand the English-language notice meant she could not voluntarily withhold consent, making the blood test results inadmissible.

Court of Appeals Decision: The Georgia Court of Appeals reversed the suppression of the blood test results, finding the trial court’s reliance on Ortiz misplaced. Unlike Ortiz, where the officer obtained a breath test based on purported consent despite a language barrier, Hernandez’s blood was drawn pursuant to a search warrant, not implied consent or actual consent. The court emphasized that the implied consent notice’s delivery was irrelevant because the officer did not rely on Hernandez’s consent. The ruling did not address the validity of the search warrant itself, as Hernandez did not challenge it in her motion, leaving that issue for potential future litigation.

Key Takeaways for Henry County DUI Defense

The Hernandez decision clarifies critical aspects of DUI law and offers strategic opportunities for defendants in Henry County. Here are the main implications:

• Search Warrants Bypass Implied Consent Issues:
  • The ruling underscores that when law enforcement obtains a search warrant for a blood test, the delivery of the implied consent notice—whether understood or not—does not affect the admissibility of the test results. This limits the applicability of Ortiz to cases where consent is the basis for testing.
  • Defense Strategy: In Henry County DUI cases, if a blood test was obtained via a search warrant, challenging the implied consent process (e.g., language barriers, improper reading) is unlikely to succeed. Instead, defense efforts should focus on the validity of the warrant itself.
• Challenging Search Warrants is Critical:
  • The Court of Appeals noted that Hernandez did not challenge the search warrant’s sufficiency, probable cause, or execution, so those issues were not reviewed. This highlights the importance of scrutinizing the warrant process in DUI cases.
  • Defense Strategy: A skilled Henry County DUI lawyer can challenge a search warrant on grounds such as:
    • Lack of Probable Cause: Was there sufficient evidence to justify the warrant? For example, were the officer’s observations (e.g., odor of alcohol, bloodshot eyes) adequately documented and reliable?
    • Warrant Sufficiency: Was the warrant specific enough in scope and supported by a proper affidavit?
    • Illegal Execution: Was the blood draw conducted in a reasonable manner and within the warrant’s terms?
    • These challenges can lead to suppression of blood test results, significantly weakening the prosecution’s case.
• Language Barriers Remain Relevant for Consent-Based Tests:
  • While Hernandez limits the impact of language barriers in warrant-based cases, Ortiz still applies to breath or blood tests obtained through implied consent laws and actual consent exceptions to the Fourth Amendment. If a suspect’s language barrier prevents understanding of the implied consent notice, the resulting test may be suppressed.
  • Defense Strategy: For Henry County defendants who speak limited English, attorneys should investigate whether officers relied on consent and whether the notice was properly communicated (e.g., via a translator or translated notice). This can be a powerful defense in non-warrant cases.
• Comprehensive Motions to Suppress Are Essential:
  • The trial court suppressed other evidence (field sobriety tests and portable breath test) alongside the blood test, but Hernandez’s failure to challenge the search warrant limited her ability to fully exclude the blood evidence. This underscores the need for thorough suppression motions that address all potential issues.
  • Defense Strategy: In Henry County, DUI attorneys must file detailed motions to suppress that cover all aspects of the stop, arrest, and testing process, including warrant validity, to maximize the chances of excluding key evidence.

Implications for Henry County DUI Defendants

For individuals facing DUI charges in Henry County, State v. Hernandez serves as both a caution and an opportunity. The ruling strengthens the prosecution’s ability to use blood test results obtained via search warrants, even in cases involving language barriers. However, it also highlights the importance of challenging the warrant itself, which can be a weak link in the state’s case. Here’s how this affects you:

• Know Your Rights: If you were arrested for DUI and a blood test was taken, ask your attorney whether it was based on consent or a warrant. This determines the defense approach.
• Hire an Experienced DUI Lawyer: A knowledgeable attorney like George Creal can analyze the warrant, affidavit, and execution process to identify grounds for suppression. With over 50 years of combined of experience defending DUI cases in Henry County, our firm has a proven track record of challenging faulty warrants and securing favorable outcomes. One of our DUI Attorney’s, Claudia Creal, is actually a former Henry County DUI Prosecutor.
• Act Quickly: Evidence suppression motions must be filed promptly, often before trial. Delaying can limit your defense options.

Why Choose George Creal for Your Henry County DUI Defense?

At George Creal, Attorney at Law, we understand the complexities of DUI cases and stay updated on critical rulings like State v. Hernandez. Our approach involves:

• Meticulous Case Review: We examine every detail of your arrest, from the traffic stop to the blood test process, to identify suppression opportunities.
• Aggressive Defense Strategies: Whether challenging a search warrant’s probable cause or leveraging language barrier issues in consent-based cases, we fight to protect your rights.
• Local Expertise: With deep knowledge of Henry County courts, prosecutors, and judges, we tailor our strategies to achieve the best possible results.

State v. Hernandez is a landmark decision that reshapes DUI defense in Henry County by clarifying the role of search warrants in blood test cases. While it limits defenses based on implied consent misunderstandings, it opens the door to challenging warrants on procedural grounds. If you’re facing a DUI charge in Henry County, don’t let a blood test result define your future. Contact our team at George C. Creal, Jr., P.C., Trial Lawyers, today for a free consultation. Let us put our expertise to work to suppress evidence, reduce charges, or secure a dismissal. Call us at (404) 333-0706 to discuss your case or visit our website www.georgecral.com or schedule an office consultation.

George Creal: Your Trusted Henry County DUI Defense Attorney – Fighting for Your Freedom.

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