McAllister v. State
325 Ga. App. 583
Ga. Ct. App.2014Background
- DUI stop at a Cherokee County safety checkpoint on March 30, 2012; officer observed lane crossings, slurred speech, red/glassy eyes, odor of alcohol, and unsteady gait.
- Deputy Rose conducted HGN and observed 6/6 impairment clues; other field tests were limited or refused due to claimed medical issues.
- McAllister was arrested, read the implied consent warning, and refused chemical testing.
- Deputy Rose obtained a magistrate-signed warrant for a blood draw; blood test returned BAC 0.127 g.
- McAllister moved to suppress the blood-test results, arguing the warrant was invalid because he had refused under OCGA § 40-5-67.1; trial court denied the motion.
- McAllister appealed; the court affirmed the denial of the suppression motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a search warrant for blood testing is invalid because driver refused implied-consent testing | McAllister: Refusal under OCGA § 40-5-67.1 bars compelled testing; officer cannot seek warrant after refusal | State: 2006 amendment (subsection (d.1)) permits evidence obtained by voluntary consent or search warrant; warrant valid if probable cause exists | Court: Warrant valid; statutory amendment authorizes warrant-obtained tests despite prior refusal |
| Whether failing to inform defendant that a warrant could be sought violated due process | McAllister: Deputy’s implied-consent explanation should have included that a warrant could still be obtained; omission deprived him of due process | State: Issue was not raised below at the suppression hearing nor ruled on; thus not preserved for appellate review | Court: Not reviewed — appellant failed to obtain distinct ruling below, so claim is not before the appellate court |
Key Cases Cited
- State v. Collier, 279 Ga. 316 (2005) (construed implied-consent scheme as not authorizing compelled testing by warrant under prior statutory text)
- Brown v. State, 293 Ga. 787 (2013) (standards for reviewing trial-court factual findings on suppression motions)
- McMullen v. State, 316 Ga. App. 684 (2012) (interpretation of statutory amendments and plain-meaning construction)
- Williams v. State, 297 Ga. App. 626 (2009) (addressing related statutory-effect issues)