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State v Council – Court of Appeals concedes refusal nor compelled breath test admissible

In State v. Council, 343 Ga. App. 583, 586; 807 SE2d 504 (2017), on September 15th, 2016, Susan Council was involved in a multi-vehicle automobile collision. Cobb County Police were told by emergency medical technicians that they believed Ms. Council was under the influence of alcohol. Ms. Council was polite, admitted to drinking 2 glasses of […]

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Got a Breath test DUI take an Olevik

Olevik v. State, S17A0738, Supreme Court of Georgia, Decided: October 16, 2017.  Prior to Olevik v. State, No. S17A0738, 2017 WL 4582402 (Ga. Oct. 16, 2017), Georgia courts routinely recognized that the right to refuse a state-administered chemical test following a DUI arrest was not a constitutional right:  “As we noted, the United States Supreme Court ruled it […]

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Can I pick the test I take after a DUI arrest

Who gets to pick the test administered in a DUI arrest? The short answer is it depends. Let’s assume some hypothetical facts. First, the driver is arrested, Georgia Implied Consent rights are read and the Officer designates either a blood, breath, or urine test. Let’s assume that the police officer chooses a breath test.  When […]

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Muthu v State – Judicial Comment-DUI Experts-Mistrial

Muthu v. State, 337 Ga. App. 97, 786 SE2d 696 (2016). Muthu appealed his conviction after a jury found him guilty of DUI per se, DUI less safe, and failure to maintain lane. Muthu alleged improper judicial comment, restricting of his DUI Expert regarding the effects of acid reflux or GERD on the State Administered […]

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State v. Williams -Georgia Court of Appeals breakdown on actual consent for DUI testing

On March 27, 2015, In Williams v. State, 296 Ga. 817, 771 SE2d 373 (2015), the Georgia Supreme Court broke the mold on DUI blood, breath, and urine test cases finding in short that the state must provide not just that Georgia Implied Consent Rights had been read but that there was actual consent to search […]

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Birchfield v North Dakota – Need a Warrant for Blood test but just an arrest for Breath test

On June 23, 2016, the United States Supreme Court ruled in Birchfield v. North Dakota that the Fourth Amendment permits warrantless breath tests incident to arrest but not warrantless blood tests. This effectively means that police only need to arrest you for DUI to obtain a breath test and if you refuse or can not […]

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Birchfield Beylund and Bernard Arguments at the SCOTUS

Birchfield v. North Dakota; Beylund v. North Dakota; and, Bernard v. Minnesota oral arguments were held at the United States Supreme Court on Wednesday, April 20th, 2016.  The primary issue in these three cases is whether it violates the 4th Amendment of the United States Constitution to criminalize the exercise that amounts to a 4th […]

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Farmer v State – asking for a Urine test in response to Implied Consent

In Farmer v. State, 335 GA. App. 679, 782 S.E.2d 786 (2016), the Court of Appeals found that asking for a urine test in response to the Georgia Implied Consent Rights is not a request for an additional test but only requesting that the Officer designate that test. The Court distinguished McGinn v. State, 268 Ga. App. […]

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Brown v State – more than 13 miles too far for independent test

Brown v. State, A15A1425, Affirmed (November 13, 2015). Raymond Brown was arrested for DUI in Lawrenceville, Georgia in Gwinnett County. Officer Long of the Lawrenceville Police Department stopped Brown after observing him driving erratically. Officer Long performed standardized field sobriety evaluations and arrested Brown for DUI. He read Brown’s statutory Georgia Implied Consent Breath Testing […]

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