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State v. Brantley

An officer may obtain consent for more than one type of chemical test and then elect which test will be administered, as long as the defendant's right to an independent chemical test is clear.

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In this DUI case arising from a traffic stop on Second Street in Brunswick, the State appeals from the State Court of Glynn County’s order granting Thomas Lee Brantley’s motion to suppress the results of his breath test. For the reasons that follow, we reverse the judgment of the court below. A suppression hearing was held on January 9, 2003. Pertinent portions thereof show that, when the arresting officer read Brantley the implied consent warning on the scene, the officer asked, “Will you submit to the state-administered chemical test of your blood or breath under the implied consent law” The officer testified that he always requests consent for a blood “and/or” breath test in order to leave the option for both open; “if the machine intoxilyzer is down or is not working we then revert to the blood which becomes the state test that we would require.” Brantley agreed to state-administered chemical testing as designated by the officer.

At the station, the officer told Brantley that an Intoxilyzer 5000 breath test would be given. Brantley stated that he did not “trust” breath tests and did not want to take one; instead, he wanted a blood test. The officer informed Brantley that the State-administered chemical test would be of his breath but, after the breath test, Brantley could obtain an independent blood test at his own expense. The officer re-read the entire implied consent warning, including that portion wherein Brantley was “entitled to an additional chemical test of your blood, breath, urine, and other bodily substances at your own expense and from qualified personnel of your own choosing.” Brantley agreed to the breath test; he did not request an independent chemical test.

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