State v. Simmons

Eldridge, Judge.

In this case, the State of Georgia appeals from the grant of defendant David Simmons’s motion to suppress blood alcohol test results in the State Court of Fulton County. The State contends that the trial court erred in granting Simmons’s motion. The trial court found that a defendant under arrest for driving under the influence *302(“DUI”), as here, may withdraw his or her consent to a State-administered blood test at any time before the blood sample has been analyzed, in this case 11 days thereafter. We disagree and reverse.

In reviewing a motion to suppress, we construe the…