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Abrahamson v. State11/30/2005
SMITH, P. J., ELLINGTON and ADAMS, JJ.
A Gwinnett County jury found Julie Abrahamson guilty of driving under the influence of alcohol to the extent she was a less safe driver, OCGA § 40-6-391 (a) (1). Abrahamson appeals from the judgment of conviction, contending the trial court erred in denying her motion to suppress evidence allegedly unlawfully obtained. Finding no error, we affirm.
"When we review a trial court's decision on a motion to suppress, the evidence is construed most favorably to uphold the findings and judgment of the trial court; the trial court's findings on disputed facts and credibility are adopted unless they are clearly erroneous and will not be disturbed if there is any evidence to support them." (Citation and punctuation omitted.) Allenbrand v. State, 217 Ga. App. 609 (1) (458 SE2d 382) (1995). So viewed, the record reveals the following.
Around 8:40 p.m. on May 3, 2003, a concerned citizen flagged down an off-duty Gwinnett County police sergeant and pointed out a driver that "was swerving all over the roadway." The sergeant followed the driver for a quarter of a mile and observed her failing to maintain her lane of travel. The sergeant activated his blue lights, but the driver did not immediately stop, traveling another quarter of a mile before she pulled over. When the sergeant walked up to the car, he found a "fairly incoherent" Julie Abrahamson sitting in the driver's seat. She was able to produce her license only after "much effort." Abrahamson had watery bloodshot eyes, smelled of an alcoholic beverage, and had slurred speech. She told the sergeant that she had been "drinking at the lake." Abrahamson then proceeded to vomit all over herself. The sergeant made sure Abrahamson could breathe, then had her remain in her car so that she "didn't stagger out into traffic." She was not handcuffed, and the driver's door was open. The sergeant radioed for an on-duty DUI officer to take over. He did not arrest Abrahamson himself. About 10 to 15 minutes later, the DUI officer arrived.
The responding DUI officer described Abrahamson as "extremely intoxicated" and opined she was the drunkest person he had ever seen. She had bloodshot, watery eyes and a flushed face. The officer was "overwhelmed" by the smell of an alcoholic beverage on Abrahamson. She was so unsteady on her feet and so "nonsensical" in her ability to communicate, the officer could not conduct field sobriety tests. Abrahamson did manage to tell the officer that she had been "drinking at the lake all day." Based on these facts, the officer concluded Abrahamson was a less safe driver. He read her the appropriate implied consent warnings; she refused a breath test. The officer placed Abrahamson under arrest and had the sergeant impound her car. An inventory search of the car revealed "empty 12 packs of beer" and an empty carton of "white Russian."
In three related enumerations of error, Abrahamson contends she was subjected to an unlawful arrest without probable cause when the sergeant had her wait 15 minutes in her car for the DUI officer to arrive. Abrahamson argues that because she was arrested and had not been given Miranda warnings, her statements, evidence of her inability to take field sobriety tests, and her refusal to take a breath test should have been suppressed. We disagree.
While the State is correct in arguing that the sergeant was authorized to briefly detain Abrahamson based upon reasonable articulable suspicion of criminal activity until the DUI officer arrived, there is a more fundamental basis for approving of the detention. It was supported by probable cause to believe that Abrahamson was so intoxicated that she was a less safe driver. The s
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