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State v. Williams

The evidence supported the trial court's conclusion under the totality of the circumstances that the defendant lacked the capacity to consent to the State-administered blood test based upon his high level of intoxication and the Court, therefore, affirmed the grant of the defendant's motion to suppress the results of the test in his DUI trial.

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Following his conviction in a bench trial on one count of driving under the influence of drugs DUI, OCGA § 40-6-391 a 2, and one count of failure to maintain lane, OCGA § 40-6-48 1, John Cletus Williams appealed to the Supreme Court of Georgia asserting that the state-administered blood test, taken without a search warrant, violated his rights under the Fourth Amendment to the United States Constitution, as well as Article I, Section I, Paragraph XIII of the Georgia Constitution. Williams v. State, 296 Ga. 817, 817 771 SE2d 373 2015 Williams I. Our Supreme Court vacated the trial court’s order denying the motion to suppress, as well as the judgment of conviction, holding that the trial court failed to address whether Williams gave actual consent to the procuring and testing of his blood, which would require the determination of the voluntariness of the consent under the totality of the circumstances. Emphasis in original. Id. at 823. The Supreme Court accordingly remanded the case to the trial court for reconsideration of the motion to suppress. Id.

On remand, the trial court held an evidentiary motion hearing on September 2, 2015,1 and the trial court subsequently granted the motion. The State challenges that order in this appeal.

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