In State v. Barnes 331 Ga. App. 631 2015, the State appealed the trial court’s order granting Barnes motion to suppress the result of her state administered breath test following her arrest for driving under the influence. The State contended that the trial court erred in finding that after being read the implied consent notice, Barnes had clearly refused to take the state administered test and had not later rescinded her refusal. The State also argued that the trial court erred in finding that Barnes did not rescind her refusal by voluntarily taking the breath test. In this case the officer read Barnes the implied consent notice twice. During the second reading of the implied consent notice, the officer misread the notice stated that if Barnes submitted to the test results indicated an alcohol concentration of .0 grams or more, her driver’s license could be suspended for more than a year. At the end of the second reading of the notice, Barnes responded “no I thought I just did that.” Another officer then explained that the portable breath test was different from the test referenced in the implied consent notice, and Barnes responded okay. The arresting officer testified that she interpreted Barnes’s response is the rescission of her refusal and acquiescence to the breath test. The Georgia Court of Appeals remanded the case back to the trial court holding that in considering whether Barnes statement oh okay constituted a rescission of her prior refusal to take the official state breath test, the court was required to consider whether the police officer’s actions were reasonable and fair under the totality of the circumstances. Contact a DUI lawyer in Douglas county for help with your DUI case.