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Lutz v. State6/11/2001
Appellant James Stephen Lutz appeals from his conviction for driving under the influence of alcohol. As explained below, we conclude that the implied consent warnings given to appellant in conjunction with a chemical breath test to determine his level of intoxication were constitutionally sound. We also conclude that appellant's rights of equal protection were not violated in connection with his arrest and prosecution for DUI, and that the police roadblock at which appellant was arrested was reasonable. Therefore, we affirm.
In December 1999, appellant and his wife were driving eastbound on Ronald Reagan Parkway in Gwinnett County at approximately 2:00 A.M., when they encountered a police roadblock. After determining that appellant appeared to be under the influence of alcohol, police officers placed him under arrest and read him the Georgia implied consent warnings mandated by OCGA § 40-5-67.1. After consenting, appellant was administered a chemical breath test, which determined that his blood alcohol level exceeded that permitted by law.
Appellant was charged with DUI. Before his trial, appellant moved to suppress from evidence the results of his chemical breath test on the grounds that (1) he did not submit to the breath test for the purpose of its results being used against him in a criminal proceeding; (2) Georgia's implied consent statute denies a person arrested for driving under the influence of alcohol equal protection under the law; and (3) the roadblock at issue in this matter was not reasonable. The trial court denied appellant's suppression motion, and following a bench trial, he was convicted of DUI.
1. Appellant argues that the trial court erred by denying his motion to suppress the results of his chemical breath test, because he consented to the test only insofar as the evidence collected could be used against him in an administrative hearing to suspend his license. In support of this argument, appellant points to OCGA § 40-5-67.1 ("the implied consent statute"), which requires police to inform motorists that if chemical testing of their blood, breath or urine reveals an alcohol concentration level of .10 grams or more, their driver's license may be suspended for a minimum of one year. The implied consent statute informs motorists that they may decline to submit to chemical testing, in which case their license will be suspended for a minimum of one year, and also informs motorists that the refusal to submit to chemical testing may be introduced against them at trial. The implied consent notice, however, does not inform motorists that the results of chemical testing may be introduced against them in a criminal DUI prosecution.
Appellant correctly points out that because chemical testing of an individual's blood, breath or urine implicates Fourth Amendment rights, any consent thereto must made knowingly and voluntarily. Appellant argues that since the statutorily-prescribed implied consent warnings given to him in conjunction with his chemical breath test did not inform him that his test results might be used against him at a criminal trial, he did not consent to the test for that purpose, and hence the test results were inadmissible at his DUI trial.
As recently reiterated by the Court in Klink v. The State, "the Georgia Constitution does not protect citizens from compelled blood testing or from the use of compelled blood testing at trial." Police officers in Georgia are permitted to administer bodily alcohol concentration tests to motorists in order to determine whether they are driving under the influence of alcohol or drugs without first warning that the results of such tests may be used in a criminal trial for DUI.
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