State v. Burke

1 Citing case

  1. Brown v. State

    690 S.E.2d 907 (Ga. Ct. App. 2010)   Cited 7 times

    Here, the deputy observed that Brown had trouble getting out of his car, that he was unsteady on his feet and almost fell, that his eyes were glassy and blood-shot, that his body and breath smelled of an alcoholic beverage, that he had marijuana (an illegal intoxicant) in his possession, and that he was driving at night while playing his music loud enough to be heard three quarters of a mile away. Under the totality of the circumstances, the officer had probable cause to believe Brown was actually in physical control of a moving vehicle while under the influence of alcohol (and possibly marijuana) to a degree which rendered him incapable of driving safely. See State v. Burke, 298 Ga. App. 621, 623 ( 680 SE2d 658) (2009) (the odor of alcohol, bloodshot and watery eyes, and unsteadiness can support a finding of impairment); State v. Sledge, 264 Ga. App. 612, 614 ( 591 SE2d 479) (2003) (accord); Cann-Hanson v. State, 223 Ga. App. 690, 691 (1) ( 478 SE2d 460) (1996) ("Even in the absence of the field sobriety tests, the officer's observation that [the defendant] had bloodshot, watery eyes and exuded an odor of alcohol was sufficient to show probable cause to arrest him for driving under the influence.") (citations omitted). Given that there was a substantial basis for the trial court's decision to deny Brown's motion to suppress, we find no error.