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Hough v. State10/3/2005
ctured bone, severe burns, disfigurement, dismemberment, partial or total loss of sight or hearing, or loss of consciousness." In this case, none of these situations is present, as paralysis is not listed as one of the maladies on the very specific list provided by the Legislature. Accordingly, the rules associated with the reading of implied consent to a suspect following a traffic accident with serious injuries or fatalities do not apply in this case. As such, Handschuh's implied consent rights must be analyzed under that portion of the statute regarding an individual who had been "arrested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391." Here, there is no question that Handschuh was not arrested until six days after the day he was read his implied consent rights. Thus, the reading of Handschuh's implied consent rights was in no way contemporaneous to his arrest for DUI. As such, we must agree with the Court of Appeals that the trial court erred by denying Handschuh's motion to suppress. However, we must disapprove of the Court of Appeals decision to the extent that it, in turn, disapproves of its decision in Hough v. State and other decisions which are not inconsistent with our rulings today.
Judgments affirmed. All the Justices concur, except Hunstein, P. J., who concurs in the judgment only.
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