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State v. Oyeniyi

The trial court erred in granting the DUI-defendant's motion to suppress the results of a State-administered chemical test of his breath based on its finding that Georgia's implied consent notice for suspects who are age 21 or over is misleading and overstates the penalty for refusing to submit to the test.

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The State appeals from the trial court’s order granting Adeshye Oyeniyi’s motion to suppress the results of a State-administered chemical test of his breath obtained at the time of his arrest for driving under the influence. The State contends that the trial court erred in excluding the test results based on its finding that OCGA § 40-5-67.1 b 2, Georgia’s implied consent notice for suspects who are age 21 or over implied consent notice, is inaccurate, misleading, and overstates the penalty for refusing to submit to the State-administered test. For the reasons that follow, we reverse.

At the hearing on the motion to suppress, the facts surrounding Oyeniyi’s arrest for driving under the influence and the police officer’s verbatim reading of the applicable version of the implied consent notice were not in dispute. Rather, the basis for the motion to suppress was narrowed solely to the issue of whether the implied consent notice is misleading and overstates the penalty for refusing to take the State-administered test.

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