Following a traffic stop that was based on his driving a vehicle with excessive window tinting, Curt Christy was charged, via accusation, with one count each of driving under the influence of alcohol to the extent it was less safe for him to do so DUI less safe, driving under the influence of alcohol based on having a blood-alcohol content exceeding 0.08 grams per 100 milliliters DUI per se, fleeing a police officer, possession of an open alcoholic beverage container, excessive window tinting, and speeding. Thereafter, Christy filed a motion to suppress the evidence garnered as a result of the traffic stop and a motion to dismiss the accusation, arguing that the excessive-window-tinting statute was unconstitutional. The trial court agreed that the excessive-window-tinting statute was unconstitutional and dismissed that part of the accusation, but it nevertheless denied Christy’s motion to suppress. Christy then stipulated to a bench trial and was convicted of DUI less safe, DUI per se, and speeding. On appeal, Christy contends that the trial court erred in denying his motion to suppress, arguing 1 that the court’s finding that the excessive window tinting statute was unconstitutional should have compelled the granting of his motion to suppress and 2 that the traffic stop amounted to an arrest without probable cause. For the reasons set forth infra , we affirm. Construing the evidence to uphold the trial court’s findings and judgment,1 the record shows that at approximately 7:30 p.m. on August 29, 2009, a Gwinnett County police officer was monitoring traffic from his marked patrol vehicle when he noticed Christy’s gray Ford Mustang, with window tinting that appeared to be too dark, driving northbound. Determining that he needed to conduct a traffic stop to check the vehicle’s window tinting, the officer pulled onto the road behind Christy and activated his patrol vehicle’s blue lights. But instead of pulling over, Christy sped up and turned into a nearby subdivision. Maintaining his pursuit, the police officer activated his vehicle’s sirens and radioed for backup. Several seconds later, Christy pulled into the driveway of a residence and stopped his vehicle just inside the carport. The officer parked behind Christy, and because the officer could not see into Christy’s vehicle and believed that Christy had attempted to flee, he drew his weapon and ordered Christy to show his hands. Christy complied, at which point the officer ordered him to exit the vehicle and then handcuffed him.
Christy remained handcuffed for only a few minutes until the backup police officers arrived, and during that time, the officer told Christy that he was not under arrest but was being temporarily detained. However, while talking to Christy, the officer detected the odor of an alcoholic beverage and noticed that Christy’s eyes were bloodshot and watery. Consequently, the officer had Christy perform several field sobriety tests, which indicated that Christy was impaired. In addition, the officer used a department-issued meter to test the tinting of Christy’s vehicle’s windows and determined that the tint exceeded the legal limits. The officer then arrested Christy for DUI and read him his Miranda rights as well as the implied-consent notice.2 Christy submitted to a State-administered breath-test, which ultimately indicated a blood-alcohol content of 0.192.
