Legal Opinion

McAllister v. State

Court of Appeals of Georgia

Decided January 22, 2014No. A13A1897PublishedCited by 9 opinions

1Opinion of the Court

DOYLE, Presiding Judge.

Daniel J. McAllister was arrested and charged with driving under the influence with an unlawful blood alcohol level (“DUI per se”);1 driving under the influence while less safe to do so (“DUI less safe”);2 3and failure to maintain his lane.8 McAllister filed a motion to suppress the results of his blood alcohol test, arguing that the warrant acquired for the blood draw was invalid based on his previous refusal to submit to testing under Georgia’s Implied Consent Law. The trial court denied his motion, and this appeal followed.4 For the reasons that follow, we affirm.

Firs…

2Cases cited9 opinions

  1. Miller v. StateSupreme Court of Georgia · 2010
  2. Brown v. StateSupreme Court of Georgia · 2013
  3. City of Decatur v. DeKalb CountySupreme Court of Georgia · 2008
  4. Rouse v. Department of Natural ResourcesSupreme Court of Georgia · 1999
  5. State v. CollierSupreme Court of Georgia · 2005

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3Cited by9 opinions

  1. Metzner v. StateSupreme Court of Arkansas · 2015
  2. McKIBBEN v. THE STATECourt of Appeals of Georgia · 2017
  3. Massey v. StateCourt of Appeals of Georgia · 2015
  4. Zarate-Martinez v. EchemendiaCourt of Appeals of Georgia · 2015
  5. Commonwealth v. BohigianMassachusetts Supreme Judicial Court · 2020

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