SIGERFOOS v. the STATE.
SIGERFOOS v. the STATE.
Opinion
Following a stipulated bench trial, the State Court of Douglas County convicted Brian R. Sigerfoos of driving under the influence of alcohol under OCGA § 40-6-391 (A) (5) and speeding under OCGA § 40-6-181. On appeal, Sigerfoos contends that the trial *667 court erred by denying his motion to suppress the results of the state-administered blood test because (1) the arresting officer failed to provide him with the independent test of his choice as required by Georgia's Implied Consent statute, OCGA § 40-5-67.1 ; and (2) the arresting officer coerced him to submit to the blood test. We disagree and hereby affirm the trial court's decision.
In criminal cases, we have long recognized that a trial court's findings of fact when ruling on a motion to suppress or exclude evidence should not be disturbed upon appellate review as long as any evidence exists to support the trial court's findings.
Thomas v. State
,
Viewed in this light, the record shows that on December 15, 2016, Sigerfoos was pulled over for swerving and speeding by Douglas County Sheriff's Deputy Mathew Atkins. During the traffic stop, Deputy Atkins suspected Sigerfoos of driving under the influence of alcohol ("DUI"). Specifically, Deputy Atkins noticed an odor of alcohol coming from the car and that Sigerfoos's pupils were dilated. When Deputy Atkins asked Sigerfoos if he had consumed alcohol, Sigerfoos stated that he consumed about four or five beers while playing at a music show earlier that evening. Sigerfoos also told the Deputy that he suffered from a herniated disc in his back and that he had taken Naproxen and a muscle relaxer earlier in the day. Deputy Atkins then attempted to conduct a Breathalyzer test, but Sigerfoos refused the test.
Deputy Atkins then placed Sigerfoos under arrest, read Georgia's Implied Consent statute 1 to Sigerfoos, and asked him to submit to a state-administered blood test. Sigerfoos stated "No, I'll do a breath test," and Deputy Atkins stated that he was no longer asking for a breath test, but instead was requesting a blood test. Sigerfoos stated that he did not want to submit to a blood test. Deputy Atkins informed Sigerfoos that if he refused the blood test, he would be placed in a holding cell while the Deputy applied for a search warrant for Sigerfoos's blood. Sigerfoos responded, "so if I say no, then you're going to take [my blood] anyway?" Deputy Atkins explained that if Sigerfoos refused the blood test, Deputy Atkins would apply for a search warrant and only take his blood if a judge found probable cause and approved the warrant. But, if the judge did not approve the warrant, Deputy Atkins would not take his blood. Deputy Atkins told Sigerfoos that he did not know what decision the judge would make, and was merely informing Sigerfoos as to the possible outcomes.
Deputy Atkins told Sigerfoos that he was not trying to threaten or coerce him, and reiterated that the decision regarding whether to submit to the blood test was "totally up to [Sigerfoos];" "[the test is] voluntary;" and he was "allowed to say no." Sigerfoos stated that he would like to be able to keep his license. Deputy Atkins informed Sigerfoos that he could not explain the statute and that he did not know "what they'll do in court, that's up to them, but right now your license won't get suspended if you go along with the [testing]." Sigerfoos responded, "I'll go along with it if my license won't get suspended, that way I can at least continue to go to *668 work." Deputy Atkins reiterated, "if you do the voluntary blood draw, then I don't send anything in for your license to get suspended today." Sigerfoos stated, "Alright, then I'll do that, that way I can at least continue to work."
Upon agreeing to the blood test, Sigerfoos confirmed to Deputy Atkins that he did not feel threatened or coerced into giving his consent. After the blood test was performed, Sigerfoos never asked for an additional test.
1. Sigerfoos contends that the trial court erred in denying his motion to suppress the results of the state-administered blood test because Deputy Atkins failed to provide him with the additional independent test of his choice as required under OCGA § 40-5-67.1.
Georgia's Implied Consent statute requires an individual of age 21 or over who is suspected of driving under the influence to submit to state-administered chemical tests of his blood, breath, urine, or other bodily substances for the purpose of determining if he is under the influence of alcohol or drugs. OCGA § 40-5-67.1 (b) (2). The state-administered test "shall be administered as soon as possible at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving [under the influence of alcohol, drugs, or toxic vapor]." OCGA § 40-5-67.1 (a). "The requesting law enforcement officer shall designate which test or tests shall be administered initially and may subsequently require a test or tests of any [bodily] substances not initially tested." OCGA § 40-5-67.1 (a). After submitting to the State's requested tests, the individual is entitled to additional chemical tests of his blood, breath, urine, or other bodily substances at his own expense and from qualified personnel of his choosing. OCGA § 40-5-67.1 (b) (2).
"An accused's right to have an additional, independent chemical test administered is invoked by some statement that reasonably could be construed-in light of the circumstances-to be an expression of a desire for an additional, independent test."
Waterman v. State
,
Sigerfoos contends that our prior holdings in
Ladow v. State
,
Similarly, in
Johnson
, the defendant, upon being asked for a breath test, replied, "I'll take a urine test."
Johnson
,
There are no similar comparisons in this case. Here, when Deputy Atkins read Sigerfoos the Implied Consent warning and asked whether Sigerfoos would submit to a blood test, Sigerfoos responded "No, I'll do a breath test. This response was made directly to Deputy Atkins's request for Sigerfoos's consent to a state-administered blood test. Viewed in context of the circumstances and his colloquy with Deputy Atkins, Sigerfoos's statement was not a request for an independent test, but rather an attempt to designate which test he wanted the State to administer.
2. Sigerfoos contends that the trial court erred by failing to suppress the blood test results because Deputy Atkins coerced him into submitting to the blood test. More specifically, Sigerfoos claims that Deputy Atkins coerced him by falsely informing Sigerfoos that his license would not be suspended and threatening to transport him to jail while he applied for a warrant. We find no such error in the trial court's failure to suppress the test results on this ground.
"The determinative issue with the implied consent notice is whether the notice given was substantively accurate so as to permit the driver to make an informed decision about whether to consent to testing."
Anderton
,
Here, the record reflects that Deputy Atkins accurately read the Implied Consent statute to Sigerfoos. Contrary to Sigerfoos's argument, Deputy Atkins never stated that Sigerfoos's license would not ever be suspended if he complied. Rather, Deputy Atkins accurately stated that, if Sigerfoos voluntarily submitted to the requested test, his license would not be suspended immediately. Deputy Atkins further clarified that he did not know what the court would ultimately do, and that it would be up to the court whether Sigerfoos's license would actually be suspended at a later date.
We also find nothing inherently coercive or threatening with regard to Deputy Atkins's statements that, if Sigerfoos refused to comply, Sigerfoos would be placed in jail while the deputy applied for a warrant. While these statements may have served as a factor in Sigerfoos's ultimate decision to consent to a blood test, the statements were merely a true and informative description of what would happen if Sigerfoos refused the required testing.
Anderton
,
Judgment affirmed.
Dillard, C. J., and Hodges, J., concur.
Deputy Atkins informed Sigerfoos as follows:
Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your blood under the implied consent law?
Reference
- Full Case Name
- Brian Sigerfoos v. State
- Cited By
- 1 case
- Status
- Published