Arresting officers need not ensure that DUI suspects understand implied consent notice.

Topic: DUI, Decided by Judge Malihi 
Docket Number: 1530697 , Decision Date: 2015-03-23 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

The fact that an arresting officer read a DUI suspect the implied consent notice shortly after advising him of his Miranda rights, including his right to an attorney, did not render the implied consent notice defective.  Because the arresting officer read the applicable implied consent notice to the suspect, he was deemed under Georgia law to have been properly advised of his rights, notwithstanding any confusion caused by the prior reading of Miranda.