Reading of implied consent notice before arrest improper absent awareness of “serious injury”

Topic: DUI, Decided by: Judge Fry 
Docket Number: 2327208 , Decision Date: July 10, 2023 
Attachment: Click here to download the decision. 

A driver appealing his DUI license suspension argued that the arresting officer improperly read the implied consent notice prior to arresting him. The only instance in which this is permissible is when the officer is aware that the arrestee suffered a “serious injury” from a traffic accident. In this instance, there was no evidence that the officer was aware that the driver’s injuries from the traffic accident met the definition of a “serious injury,” pursuant to O.C.G.A. § 40-5-55. As such, the driver’s refusal to take the state administered chemical test was inadmissible, and the license suspension was reversed.

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