Officer referring to “required tests” did not substantially change implied-consent notice

Topic: DUI, Decided by: Judge Fry 
Docket Number: 2215177 , Decision Date: March 21, 2022 
Attachment: Click here to download the decision. 

In affirming DDS’s suspension of a driver’s license, the Court rejected the driver’s argument that the arresting officer had improperly read the implied-consent notice to the point of being misleading.  The officer had reverted to an older version of the implied-consent notice, which referred to the driver submitting to “required” chemical tests, as opposed to “requested” tests.  The Court concluded the substitution of “required” for “requested” did not change the substance of the mandatory statutory notice.

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