Implied Consent requirement

Patrick Mahaney

Case Conclusion Date:August 17, 2012

Practice Area:DUI / DWI

Outcome:Acquitted of all charges

Description:Client arrested for DUI with .19% breath test - acquitted of DUI for officer's failure to follow requirements of the Implied Consent law. Under Alabama law, the state's Implied Consent law applies only to public roadway and highways. Where, as in this case, the client was arrested on private property (a night club parking lot) and then wrongly told by the arresting officer that his Alabama driver license would be suspended for failure to submit to a breath test, such incorrect administration of the Implied Consent warning caused confusion on part of the motorist and denied the motorist procedural due process. The breath test was suppressed and the prosecution's case - which consisted solely of an admisible breath test to prove impairment - was over-ruled by the trial court judge. Client acquitted.

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