Alcohol testing, policy and procedure, implied consent.

Michael Martin appeals a lower court's decision, rejecting his motion to suppress evidence obtained when he was arrested for driving under the influence. Martin's objections focus on a matter of implied consent as it was worded in the existing state law. The state legislature amended the law in question and made the changes retroactive to a time that covered Martin's arrest. Martin contends his case must be considered under the new law.

The trial court, applying the law as it stood at the time of trial, rejected Martin's motion to suppress. He now appeals that decision.

Martin wins. The Georgia Court of Appeals, citing the retroactive revision to state law, reverses the decision of the lower court and remands the case for additional action.