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State v. Sauls

Due process does not require an arresting officer to inform the driver of all the consequences of refusing to submit to chemical testing.

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The State appeals from the trial court’s grant of James Sauls’s motion to suppress evidence of his refusal to submit to State-administered chemical testing following his arrest for DUI. The trial court granted the motion because the arresting officer omitted the portion of the implied consent notice informing Sauls that his refusal to submit to testing could be offered as evidence against him at trial. For the following reasons, we reverse. “When an appellate court reviews a trial court’s grant or denial of a motion to suppress, the trial court’s findings as to disputed facts will be upheld unless clearly erroneous and the trial court’s application of the law to undisputed facts is subject to de novo review.” Citation omitted. State v. Nash , 279 Ga. 646, 648 2 619 SE2d 684 2005. As the facts here are undisputed, and the trial court ruled as a matter of law that the officer’s failure to read the entire implied consent notice required suppression of Sauls’s refusal to submit to chemical testing, we review the trial court’s ruling de novo. See Lockett v. State , 257 Ga. App. 412, 415 3 571 SE2d 192 2002.

The following facts are undisputed and were adduced at the hearing on the motion to suppress. An officer received a report about “a driver that was driving all over the —all over Post Road.” The officer located the vehicle and executed a traffic stop. Following several field sobriety tests, the officer arrested Sauls for driving under the influence to the extent he was a less-safe driver, open container, and driving with a suspended license.

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