Gwinnett State Court allowed a defendant’s Motion to Suppress Evidence, citing that he did not provide “actual, knowing and voluntary consent” for a breathalyzer test because of his limited understanding of the English language. The defendant was charged with driving under the influence (DUI) – less safe, DUI unlawful alcohol concentration, and following too closely after being involved in an accident.
The Georgia Court of Appeals reviewed the case and explained to the trial court that breathalyzer consent should be given freely and voluntarily. The “knowing” sense does not apply in Georgia law. The Court returned the case to the trial court, suggesting that it reconsider the Motion based upon the correct standard.
Trial Court Errs but Defendant Still Convicted