BARNES, P. J., MCMILLIAN and REESE, JJ.
Barnes, Presiding Judge.
Hernandez appeals from the denial of her motion to suppress,
as amended, the results of her blood test following her
arrest for DUI. Because her consent to the blood test was
premised on inaccurate information as to the consequences of
refusing consent, we reverse the trial court's judgment.
a motion to suppress, the State has the burden of proving
that a search was lawful." (Punctuation and footnote
omitted.) State v. Hammond, 313 Ga.App. 882, 883-884
(723 S.E.2d 89) (2012) Thus, "when relying on the
consent exception to the warrant requirement, the State has
the burden of proving that the accused acted freely and
voluntarily under the totality of the circumstances."
(Citation and punctuation omitted) Williams v.
State, 296 Ga. 817, 821 (771 S.E.2d 373) (2015). Where,
as here, the relevant facts are undisputed, this Court's
review is de novo. State v. Oyeniyi, 335 Ga.App.
575, 575- 576 (782 S.E.2d 476) (2016).
facts as testified to at the motion to suppress hearing
demonstrate that on October 2, 2015, Hernandez was stopped by
a Georgia State Patrol trooper for speeding. Hernandez
produced a valid Washington State driver's license, but
when the trooper noticed the odor of alcohol, he began a DUI
investigation. The trooper requested that Hernandez exit her
car, and as they talked, he noticed that, in addition to the
"smell of alcohol," Hernandez "had a slight
slur in her speech." Hernandez told the trooper that she
was coming from a "local tavern" and had consumed a
"few drinks" so he asked her to take a preliminary
breath test ("PBT"). Hernandez complied and the BPT
test was positive for breath alcohol. Hernandez also
consented to the administration of field sobriety tests,
resulting in six out of six possible clues in the horizontal
gaze nystagmus test, eight out of a possible eight clues in
the walk-and-turn test, and three out of a possible four
clues in the one-leg stand test. After the field sobriety
tests were administered, the trooper advised Hernandez that
she was being arrested for DUI, placed her in handcuffs, and
then "went into reading the implied notice . . . [for]
over 21." The trooper testified that although at the
time he read her the implied consent notice Hernandez
"started to cry a little bit because . . . she [was]
being handcuffed and . . . arrested," she did not appear
to be afraid, confused or under any duress.
the events following Hernandez's field sobriety tests and
arrest were captured in an audiovisual recording of the
traffic stop from the trooper's dashboard camera
introduced at the hearing. The recording shows that after placing
Hernandez under arrest, the trooper read her the implied
consent notice for age 21 and over, and Hernandez responded,
"Okay, yes," when asked whether she would submit to
state administered chemical testing of her blood. The trooper
responded, "that's a verbal yes." After the
trooper informed Hernandez that he would be taking her to the
hospital, she asked why and the following exchange ensued:
Well, drawing your - [unintelligible] - I read you that card
- the implied consent - when you get a driver's license -
at the time of arrest for DUI, you have an implied consent.
Trooper: I read that to you - and - gave you a choice of
doing a state blood test.
Hernandez: Oh. So, no, I don't want to do that. Do I have
Trooper: You don't have to -
Hernandez: I do not want to do that.
Trooper: - it's your choice. But it's a state test,
and if you refuse it, then your driving privileges can be
suspended for a year.
Hernandez thereafter continued to question the trooper about
the distinctions between a breath test, a blood test, the
reasons for each, and the need for consent for each, and the
following additional exchanges ensued:
Trooper: Are - are you - so are you saying "yes" to
the blood or "no" to the blood?
Hernandez: Well, is that the one you're choosing - out of
Trooper: Yes. I'm - that's the one I'm choosing -
Hernandez: Do I have to say "yes"? Trooper: -
that's the one I - that's - you can - you can say
"yes" or "no"; it's your ...