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 […]
