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Rosandich v. State

The DUI defendant's suppressed breath test results were admissible as impeachment evidence after the defendant testified that he consumed a limited amount of alcohol on the night in question.

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A jury found Nicholas Rosandich guilty of driving under the influence of alcohol to the extent he was less safe to drive. Rosandich appeals, challenging the admission of his breath test as impeachment evidence. He also claims that the State failed to disclose to him “full information” concerning the test, as required by OCGA § 40-6-392 a 4. For the reasons that follow, we affirm. 1. The record shows that after his arrest, Rosandich submitted to a State-administered chemical breath test, providing breath samples that measured .233 and .229 grams of alcohol. Rosandich moved to suppress the test results prior to trial. Finding that the arresting officer misinformed Rosandich about the Georgia implied consent law, particularly the consequences of refusing to take the breath test, the trial court suppressed the results.1

Following the suppression ruling, the State moved to preclude Rosandich, his attorney, and other witnesses from mentioning during trial the breath test or the State’s failure to offer evidence of the test results. It argued that, given Rosandich’s successful effort to suppress the results, he should not be allowed to comment on the absence of such evidence. Rosandich stated that he had no objection to the State’s motion, which the trial court granted.

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