The State v. Oyeniyi

Ray, Judge.

The State appeals from the trial court’s order granting Adeshye Oyeniyi’s motion to suppress the results of a State-administered chemical test of his breath obtained at the time of his arrest for driving under the influence. The State contends that the trial court erred in excluding the test results based on its finding that OCGA § 40-5-67.1 (b) (2), Georgia’s implied consent notice for suspects who are age 21 or over (“implied consent notice”), is inaccurate, misleading, and overstates the penalty for refusing to submit to the State-administered test. For the reasons that follow,…