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State v. Jung

The evidence supported the trial court's conclusion under the totality of the circumstances that the defendant lacked the capacity to consent to the State-administered breath test based upon his confusion and high level of intoxication; accordingly, the Court affirmed the grant of the defendant's motion to suppress the results of the test in his trial for several DUI-related offenses.

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In February 2015, Jae Sun Jung was charged with several DUI-related violations. Following a hearing, the trial court granted Jung’s motion to suppress the results of the state-administered test of his breath. The State appeals from that order, asserting that the trial court erred in finding that Jung did not voluntarily consent to the test. For the reasons set forth below, we affirm.

When a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. Citation and punctuation omitted. Hughes v. State, 296 Ga. 744, 746 770 SE2d 636 2015. In reviewing the trial court’s ruling on a motion to suppress, an appellate court generally must accept those findings unless they are clearly erroneous and must construe the evidentiary record in the light most favorable to the factual findings and judgment of the trial court. Id. In addition, an appellate court generally must limit its consideration of the disputed facts to those expressly found by the trial court. Id.

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