Cameron Davisv.The State
After an Athens traffic stop, a bench trial resulted in Davis’s convictions on two DUI counts and reckless driving. He challenged the denial of his motion to suppress the results of a state-administered blood test, arguing that his agreement resulted only from Georgia’s implied-consent notice and was not voluntary consent under the Fourth Amendment or Georgia Constitution. The stipulated facts showed that Davis refused a breath test, preferred a blood test, and agreed to the blood draw after the officer arrested him and read the implied-consent notice twice. While Davis’s appeal was pending, the Georgia Supreme Court decided Williams v. State, holding that a DUI defendant challenging a warrantless blood test is entitled to a case-specific determination whether the consent was voluntary. The Georgia Court of Appeals held that Williams controlled. It vacated the suppression order and conviction, returning the case for a finding on whether Davis made an uncoerced choice to submit to testing, considering all surrounding circumstances. The court did not decide the ultimate admissibility of the blood-test results or the merits of the DUI charges.
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