GRL Law received a ruling today that suppressed the results of a breath test taken by a CDL holder.
We discovered the officer made a mistake during the implied consent advisory. He advised the driver that a test failure results in a one-year disqualification, but a refusal results in a lifetime ban on his commercial driving privileges.
That’s not the law, of course, but the mistaken advisory provides a pretty compelling reason to consent, doesn’t it?
The district court thought the same. The driver’s consent was not the product of a reasoned and informed decision.
That means the driver’s CDL privileges remain intact as we continue to defend the case. The breath test result will not be admissible at trial.
