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State v. Collins6/29/2005
eral statement of consequences is sufficient.
Although we conclude that the advisory statement made to a driver need not be specific, we disagree with the State and with the Court of Criminal Appeals that it need not be accurate. Law enforcement officers may not "misinform motorists, some of whom may understand the inaccurate warning and rely upon it." People v. Johnson, 758 N.E.2d 805, 811 (Ill. 2001) (emphasis added) (holding that rescission of summary suspension of driver's license was warranted if an inaccurate warning was given and "that misinformation directly affects the motorist's potential length of suspension").
Had the arresting officer simply advised Collins that his license would be "suspended," we would have little difficulty in concluding that the statute's requirement that Collins be advised of the consequences of refusing the breath test was met. Here, however, the arresting officer incorrectly advised Collins, pursuant to Metro's standard form, that refusal to take the breath test would subject him only to a one-year suspension.
There is no evidence in the record that the arresting officer intended to deceive Collins or acted with bad faith. If the record showed that the officer had intended to mislead Collins, we would agree with Collins that the State should be precluded from seeking any suspension of his license whatsoever. See State v. Stade, 683 A.2d 164, 166 (Me. 1996) (" lthough the State's interest in preventing drunk drivers from operating on our highways is great, the State has no legitimate interest in allowing its law enforcement officers . . . to affirmatively mislead citizens about the consequences of taking or failing to take a blood-alcohol test."). In this case, however, the basic requirement of section 55-10-406(a)(2) was met: Collins was informed that his license would be suspended if he refused to take the breath test. That the arresting officer then went beyond the minimum requirements of the statute and incorrectly advised Collins that his license would be suspended for one year rather than two does not void the advisory statement because the officer's error was made without an intent to deceive Collins. We therefore hold that the State may seek to suspend Collins' driver's license, but that the State may not seek a suspension of greater than one year. Indeed, the State recognized the unfairness of subjecting Collins to a two-year suspension and represented to the trial court that it would seek only a one-year suspension.
Our holding that the error in the advisory limits the State to seeking a one-year suspension does not mean, as Collins argues, that the State should be barred from arguing to the jury that Collins knew he would lose his license if he refused the breath test. The provisions for advising a driver of the consequences of refusing a drug or alcohol test only apply to the State's ability to seek the civil penalty of license suspension. See Tenn. Code Ann. § 55-10-406(a)(4). The issue of whether Collins' refusal to take the test is admissible in his criminal DUI trial is entirely separate. We see no reason to bar the State from presenting evidence and arguing to the jury that the arresting officer informed Collins that his license would be suspended if he refused the breath test.
Conclusion
Having considered the record and applicable authority, we hold that the implied consent law does not require an arresting officer to enumerate the entire range of consequences of refusal to take an alcohol or drug test. However, because Collins was erroneously advised that he would be subject only to a one-year suspension, the State may not seek to suspend Collins' driver's license for longer than one year
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