Procedural Mistakes: Implied Consent Warning

In Georgia the Implied Consent Warning must be read at the time of arrest or as soon thereafter as practicable unless the driver was involved in an accident involving serious injury or death. In either event, probable cause for the search (breath or blood test) must exist. If the officer reads the implied consent warning before the arrest or too long after the arrest, the test result or refusal should be suppressed.

More DUI Trial Strategies in Georgia

Improper Stops

• Tips or Anonymous Calls
• Mistake of law
• Failure to maintain lane
• Stopping the wrong car
• Stopping for a hunch or just felt like it
• Stopping a vehicle for a different reason than the officer claims

Improper Arrest

• Improperly Administered Field Sobriety Tests
• Coerced Field Sobriety Tests
• Medical-Physical Conditions
• Illegal Extension of Stop
• Videos Don't Support Arrest Report

Improper Blood Test

• Proper Request
• Statutory Requirements
• Lab Mistakes

Improper Breath Test

• Rules
• Certification
• Certification of Machine
• Interferents
• Machine Not Calibrated
• Machine Malfunction

Procedural Mistakes

• Mirandize/Read Your Rights
• Witness Appearance
• Inconsistent Statements by Law Enforcement Officer
• Expert Witness