State v. White, 188 Ga. App. 658

Summary

The Georgia Court of Appeals held that the trial court properly suppressed the State-administered breath-test results after the defendant requested an independent blood test but was not given a reasonable opportunity to obtain contact information for his physician. Law enforcement had no duty to arrange the independent test, but was required not to prevent the defendant from making the necessary arrangements.

Holdings

1. A DUI defendant may elect an independent test after being informed of the implied-consent rights; the request is not untimely merely because it is made before the defendant submits to the State-administered test.
2. Police officers need not arrange an accused's independent test, but they must act reasonably and may not prevent the accused from making the arrangements necessary to obtain the test.
3. Suppression was proper because officers prevented White from making the necessary arrangements for the independent test.

Questions Presented

1. Whether White's request for an independent blood test was untimely because it preceded his submission to the State-administered breath test.
2. Whether law-enforcement officers violated White's right to an independent test by preventing him from obtaining the contact information necessary to arrange that test.
3. Whether suppression of the State-administered breath-test results was proper under OCGA § 40-6-392(a)(3).

Disposition

affirmed