Cynthia Page was accused of driving under the influence of alcohol and drugs to the extent it was less safe for her to drive, OCGA § 40-6-391 a 4 Count 1, driving under the influence of a controlled substance, per se, OCGA § 40-6-391 a 6 Count 2, and making an improper left turn, OCGA § 40-6-120 a 2 Count 3. After her motion to suppress was denied, Page was found guilty by a jury on Counts 2 and 3. On appeal, Page contends that the trial court erred in denying her motion to suppress and her motion to quash Count 2 of the accusation. She also challenges the sufficiency of the evidence to support her conviction. Finding no error, we affirm. 1. Page argues that the trial court erred in denying her motion to suppress the results of her state-administered blood test. As no error of law appears on the record, and the trial court’s findings of fact are supported by evidence adduced at the suppression hearing, the court’s ruling is affirmed.1 When an appellate court reviews a trial court’s order concerning a motion to suppress evidence, the appellate court should be guided by three principles with regard to the interpretation of the trial court’s judgment of the facts. First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support it. Second, the trial court’s decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court’s findings and judgment.2 In this case, both Page and the arresting officer testified at the hearing. The trial court entered a lengthy order containing findings of fact and conclusions of law. The trial court’s findings are summarized as follows.
On May 6, 2006, Page was observed making an improper turn onto McFarland Road and was stopped by Deputy Loring of the Forsyth County Sheriff’s Department. Page’s eyes appeared bloodshot and watery, so Loring asked her to perform field sobriety tests, one of which showed impairment. Loring then asked Page to blow into a portable breathalyzer. Page twice asked about her rights regarding the test, including the consequences of a refusal, and Loring twice told her the test was voluntary. After Page asked more questions, Loring put the breathalyzer in his patrol car and arrested Page for DUI-less safe. Page asked, “I don’t get a DUI if I blow correctly at the jail, correct” Loring responded, “I’ve determined you are a less safe driver. You are under arrest for DUI.” Loring then read Page the implied consent warning and requested that she submit to a blood test. Page offered to take a breath test instead. Loring informed Page that she would have to submit to a blood test before she could have an independent breath test. Page stated that she would not submit to “anything except breath” and stated, “if I pass, you can’t arrest me for DUI, right” Loring responded, “I want blood.” Loring read Page the implied consent warning a second time and again asked Page if she would take a blood test. Loring drove Page to jail, where she asked to take a breath test. Loring again told Page that she would have to take a blood test before she could have a breath test. Page then agreed to take a blood test. On the way to the hospital, Page again asked what would happen if she refused to submit to the blood test. Loring responded that she would be charged with “DUI refusal.” At the hospital, Loring read Page the implied consent warning for a third time. Loring also allowed Page to call her attorney.3 Her blood was then drawn. Afterward, Loring drove Page back to jail and administered a breath test to her. The result was .00.
