The State Court of Cherokee County allowed Scott Depol’s Motion to Suppress the results of his breathalyzer test, determining that the police had probable cause in arresting him for driving under the influence (DUI), but that Mr. Depol was incapable of consenting freely to the test. The trial court felt that Mr. Depol “was extremely impaired” in the police video, thereby rendering him unfit to make an informed decision.
The Court of Appeals, after reviewing the same video, determined that Scott Depol was capable of making a decision. Mr. Depol did teeter occasionally, but he was clearly able to comprehend what was said to him and did agree to have the breath test performed on him. The officers did not coerce or otherwise compel him into taking the breathalyzer.
The Appeals Court reversed the Motion to Suppress Order and allowed the results of the breath test to be used as evidence. The Court felt that Scott Depol was conscious enough to consider his implied consent rights.