DILLARD, P. J., RAY and SELF, JJ.
Hynes was charged with failure to maintain lane, driving
under the influence of alcohol (DUI) less safe, and DUI per
se. He filed a motion to suppress the results of a blood test
administered pursuant to a search warrant. Following a
hearing, the trial court denied the motion. We granted
Hynes's application for interlocutory appeal, and after
reviewing the record and hearing transcript, we affirm for
the reasons set forth below.
evidence in this case shows that on April 6, 2016, a deputy
with the Cherokee County Sheriff's Office observed Hynes
weaving across the center line of Bells Ferry Road. The
deputy conducted a traffic stop and smelled a "heavy
odor of alcohol" on Hynes's breath. During his
conversation with the deputy, Hynes first stated he had
consumed "zero" alcohol, but later admitted to
drinking two glasses of wine. Hynes refused to participate in
field sobriety testing, but eventually let the officer
perform the horizontal gaze nystagmus test, in which Hynes
exhibited all six indicators. The deputy placed Hynes under
arrest, read the implied consent notice for drivers over the
age of 21, and then asked Hynes if he would submit to a blood
test. Hynes refused the state-administered test, but stated
that he would "do an independent test." The deputy
obtained and executed a search warrant for a blood test. The
deputy testified that he did not permit Hynes to obtain an
independent test because "he refused implied
transcript of the hearing on the motion to suppress includes
the following colloquy between the State and the deputy:
Q: What was his answer to the implied consent card?
A: He refused State testing.
Q: Did he ever ask for an independent test?
A: He never directly asked for one, no.
Q: Okay. Did you take him to get an independent test?
A: I did not, as he refused implied consent.
the following exchange occurred between Hynes's attorney
and the deputy:
Q: Now, let's talk about after you arrest him and you
read him implied consent, he tells you in response that
he'll do an independent test, is that right?
A: Uh-huh. . . Yes, ma'am, he does.
Q: And do you recall hearing him on the video say, you asked
him to confirm, you will do an independent test? Do you
remember asking him that?
A: Yes, I believe that's on the video.
Q: And he responded, yes. Is that right?
A: He said he would do an independent test, yes, ma'am.
Q: Okay. At any point thereafter was a test administered in
A: A test was administered after a search warrant was
Q: Okay. And what kind of test was that?
A: It was a blood test.
Q: All right. And after the blood test was administered, was
there any effort made to ...