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State v. White
Citations: 373 S.E.2d 840; 188 Ga. App. 658; 1988 Ga. App. LEXIS 1183Docket: 77258
Court: Court of Appeals of Georgia; October 3, 1988; Georgia; State Appellate Court
Wayne C. White was arrested for DUI and improper left turn following an early morning automobile accident. Observations by the responding officer indicated that White appeared intoxicated, leading to his arrest. White expressed a desire for an independent blood test after being informed of his implied consent rights but could not provide his family doctor's contact information when asked. He was taken to jail, again reminded of his rights, but could not recall anyone to administer the independent test and ultimately submitted to a breath test administered by the State. The State appealed the trial court's decision to suppress the breath test results, arguing that White's request for an independent test was untimely since it occurred before he submitted to the State's test. The court referenced precedent cases, indicating that a suspect must be informed of their right to an independent test at the time of arrest. The court noted that White had expressed a wish for an independent test but was not given a chance to obtain the necessary contact information for his doctor. The court emphasized that while law enforcement officers are not obligated to arrange for an independent test, they must allow the accused to make necessary arrangements once a request is made. In this case, the officers failed to provide White with the means to obtain his doctor's contact information, thus denying him the opportunity to exercise his right to an independent test. The trial court's decision to suppress the breath test results was affirmed, highlighting the necessity for law enforcement to act reasonably in facilitating an accused individual's rights.