Buford v. State
312 Ga. App. 411
Ga. Ct. App.2011Background
- Buford crashed in Cherokee County; emergency crew flew him to Grady Memorial Hospital; trooper smelled alcohol at the scene.
- Buford was conscious in hospital, secured to a spine board with tubes; trooper believed he was intoxicated.
- Trooper read implied consent notice and announced DUI charge while Buford was largely unresponsive.
- Hospital blood test yielded BAC 0.157; hospital indicated Buford would be admitted and uncertain length of stay.
- Warrant for Buford's arrest issued the same day; Buford was arrested the following November.
- Buford was convicted of DUI; motion to suppress the blood test results was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether implied consent was valid without a formal arrest | Buford was not under arrest when the notice was given. | Buford was effectively under restraint and not free to leave. | Implied consent valid; Buford was effectively arrested when DUI charge announced. |
| Whether the blood test results could be suppressed due to lack of formal arrest | Not necessary to determine further; suppression should follow arrest status. | If not under arrest, implied consent issues may bar the test. | Court did not decide; declined to resolve injury-based exception issue. |
Key Cases Cited
- State v. Norris, 281 Ga.App. 193, 635 S.E.2d 810 (2006) (Ga. App. 2006) (implied consent depends on custodial arrest level, not probable cause)
- Hough v. State, 279 Ga. 711, 620 S.E.2d 380 (2005) (Ga. 2005) (implied consent and arrest status considerations)
- Lucas v. State, 265 Ga.App. 242, 593 S.E.2d 707 (2004) (Ga. App. 2004) (analysis of temporary vs. formal arrest in suppression)
- Suluki v. State, 302 Ga.App. 735, 691 S.E.2d 626 (2010) (Ga. App. 2010) (test for whether detention resembles a formal arrest)
- Gilliam v. State, 295 Ga.App. 358, 671 S.E.2d 859 (2008) (Ga. App. 2008) (custodial considerations and evidence preservation)