Breath Test Suppressed After Deputy Misadvises CDL Holder

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.