337 Ga. App. 79
Ga. Ct. App.2016Background
- Flores-Gallegos rear-ended another vehicle; officer detected alcohol odor, slow/thick speech, and unsteady gait after speaking with him in English.
- Officer administered field sobriety tests and an alco-sensor; Flores-Gallegos was arrested for DUI offenses and transported to the precinct.
- At the scene the officer read the implied-consent warning in English; Flores-Gallegos reportedly said “no English.”
- At the precinct a second officer administered the Intoxilyzer; Flores-Gallegos nodded and provided two breath samples while handcuffed.
- Trial court suppressed only the Intoxilyzer results, finding Flores-Gallegos did not give actual, knowing, and voluntary consent because the record showed possible lack of understanding of the implied-consent notice.
- State appealed, arguing the trial court applied the wrong standard for consent; appellate court vacated and remanded for reconsideration under the proper voluntariness test.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Intoxilyzer results were obtained by voluntary consent to a warrantless search | State: consent was voluntary because Flores-Gallegos spoke English, followed commands, and provided breath samples | Flores-Gallegos: said “no English” after the implied-consent warning and thus did not understand consequences; acquiesced to authority rather than consented | Court: Trial court used an incorrect "knowing consent" standard; voluntariness (totality of circumstances) is the proper test; vacated and remanded for reanalysis under that standard |
Key Cases Cited
- Schneckloth v. Bustamonte, 412 U.S. 218 (consent must be voluntary under the totality of the circumstances)
- Williams v. State, 296 Ga. 817 (State must prove accused acted freely and voluntarily; knowledge of right to refuse not required)
- Kendrick v. State, 335 Ga. App. 766 (breath test is a search; consent exception applies)
- State v. Barnes, 331 Ga. App. 631 (appellate review standards for suppression rulings)
- Cuaresma v. State, 292 Ga. App. 43 (consent involuntariness factors: fear, intimidation, lengthy detention)