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Sauls v. State

The officer's omission of the sentence, "Your refusal to submit to the required testing may be offered into evidence against you at trial," from the implied consent notice violated OCGA § 40-5-67.1 subsection b and required the suppression of evidence that the defendant refused to submit to chemical testing.

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This Court granted certiorari to the Court of Appeals in State v. Sauls, 315 Ga. App. 98 728 SE2d 241 2012, to consider whether the Court of Appeals erred in reversing the grant of defendant Sauls’s motion to suppress evidence that he refused to submit to chemical testing where the police officer failed to convey the entire substance of the implied consent notice required by OCGA § 40-5-67.1 b 2.1 For the reasons that follow, we conclude that the holding was in error, and we reverse the judgment of the Court of Appeals.

The facts as found by the Court of Appeals are the following. Sauls was pulled over by a police officer following a report about his erratic driving. After administering several field sobriety tests to Sauls, the officer arrested him for driving under the influence to the extent that he was a less-safe driver “DUI”, open container, and driving with a suspended license. The officer then read to Sauls the implied consent notice, as codified in OCGA § 40-5-67.1b2, from the officer’s “Implied Consent” card even though Sauls interrupted the officer during the reading. The officer failed to read the notice in its entirety, omitting the sentence: “Your refusal to submit to the required testing may be offered into evidence against you at trial.”2 Sauls refused to submit to State-administered chemical testing.

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