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Wallace v. State

It could not be said that the arresting officer's misinformation to the DUI-defendant about whether his refusal to submit to a state-administered breath test could be used against him was harmless, since the defendant submitted to the breath test immediately after he was misinformed about the consequences of his refusal.

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William Glynn Wallace was charged with driving under the influence of alcohol unlawful alcohol concentration and less safe1 and failure to illuminate the vehicle’s rear registration plate.2 Wallace moved to suppress the results of the state-administered chemical test of his breath, contending that the arresting officer failed to adequately inform him of his implied consent rights. Specifically, Wallace argued that after the officer read to him the appropriate implied consent notice, and he refused to submit to the test, the officer gave him incorrect information regarding the consequences of a refusal; and, immediately after being misinformed, Wallace rescinded his refusal and consented to submit to the test. The court denied the motion, and we granted Wallace’s application for interlocutory review. We reverse.

“When reviewing a ruling on a motion to suppress, where, as here, the evidence is uncontroverted and there exists no question regarding witness credibility, we review de novo the trial court’s application of the law to the facts presented.”3

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