Full context of exchange between officer and driver confirmed driver understood implied consent notice
Docket Number: 2309780 , Decision Date: December 22, 2022
Attachment: Click here to download the decision.
In this matter, a driver argued that the administrative suspension of her license following a DUI stop was improper because the arresting officer told her “yes” after she asked whether she “had to” consent to a blood test. Taken in isolation, the officer’s statement appears inconsistent with the implied consent notice read to the driver, which gives the driver a choice as to whether to submit to a chemical test of blood, breath, or urine. The Court found, however, that the full context of the officer’s and driver’s conversation made clear that the driver understood she could either consent or refuse to the test, and that she accurately understood the consequences of these choices.