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Fowler v. State

The defendant could only be convicted of one DUI violation arising from his 1-car accident.

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A Clarke County jury found Russell Fowler guilty of two counts of driving under the influence, OCGA § 40-6-391 a 1 less safe and a 5 per se; and failure to maintain a lane, OCGA § 40-6-48 1. He appeals from the denial of his motion for new trial, contending the trial court erred in admitting certain evidence and in sentencing him on both counts of DUI. For the following reasons, we affirm in part and vacate in part, and remand the case for resentencing. 1. Fowler contends that the court erred in denying his motion to suppress the results of his blood alcohol test, arguing a that the State failed to reasonably accommodate his request for an independent breath test; and b that the officer improperly read him the implied consent notice before placing him under arrest.

“When we review a trial court’s decision on a motion to suppress, the evidence is construed most favorably to uphold the findings and judgment of the trial court; the trial court’s findings on disputed facts and credibility are adopted unless they are clearly erroneous and will not be disturbed if there is any evidence to support them.” Citation and punctuation omitted. Whittle v. State , 282 Ga. App. 64, 66 637 SE2d 800 2006.

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