Officer’s incorrect reading of implied consent notice results in reversal of DUI license suspension 

Topic: DUI, Decided by: Judge Woodard 
Docket Number: 2304085 , Decision Date: December 13, 2022 
Attachment: Click here to download the decision. 

The Court reversed a driver’s administrative license suspension after finding that the arresting officer had failed to provide the driver with a substantially accurate reading of the implied consent notice at the time of arrest.  Recordings presented at the hearing showed that the officer read the implied consent notice “very rapidly” two times, during which he stated the minimum blood alcohol content was “Zero-Point-Zero Grams.”  This misstated the actual legal limit, which is 0.08, or “Zero-Point-Zero-Eight Grams.” 


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