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Brown v. State

The evidence supported the trial court's findings that the DUI defendant was able to exercise his right, pursuant to O.C.G.A. § 40-6-392 subsection a 3, to have a chemical test of his blood performed by a qualified person of his own choosing and that no basis existed for the exclusion or suppression of the State's alcohol breath test results.

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Raymond J. Brown was arrested for driving under the influence of alcohol. He moved to suppress the State’s alcohol breath test results. The trial court denied the motion but certified the order for immediate review. We granted Brown’s application for interlocutory appeal. For the reasons that follow, we affirm.

On review of a ruling on a motion to suppress, the trial judge’s findings of fact should not be disturbed if there is any evidence to support them; determinations of fact and credibility must be accepted unless clearly erroneous; and the evidence must be construed in favor of the trial court’s findings and judgment. Tate v. State, 264 Ga. 53, 54 1 440 SE2d 646 1994; Jackson v. State, 258 Ga. App. 806, 807-808 2 575 SE2d 713 2002. In all cases, appellate courts independently apply the law to the facts. Drake v. State, 296 Ga. 286, 288 2 766 SE2d 447 2014 citation omitted.

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