Harley Snyder was charged with homicide by vehicle in the first degree, serious injury by vehicle, driving under the influence of alcohol to the extent that he was a less safe driver, driving with an unlawful alcohol concentration, failing to yield the right of way, and violating Georgia’s seatbelt law. Following the denial of his motion to suppress, this court granted Snyder’s application for interlocutory appeal. Snyder contends that the trial court erred in failing to suppress the results of his blood alcohol test. We disagree and affirm. On appeal from the denial of a motion to suppress, “where the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, the trial court’s application of the law to undisputed facts is subject to de novo appellate review.” Citations omitted.Vansant v. State , 264 Ga. 319, 320 1 443 SE2d 474 1994. This court’s responsibility in reviewing the grant or denial of a motion to suppress “is to ensure that there was a substantial basis for the trial court’s decision.” Citation omitted. Sego v. State , 279 Ga. App. 484 631 SE2d 505 2006.
The record reveals that a trooper with the Georgia State Patrol responded to the scene where two vehicles had collided. The trooper concluded that Snyder, the driver of one of the vehicles, failed to yield at a stop sign and struck an oncoming vehicle. The trooper detected a strong odor of alcohol on Snyder’s person and in his vehicle. Concerned that Snyder may have had some other unknown injuries, and because emergency personnel had placed Snyder in a neck brace, the trooper did not conduct any field sobriety tests. He did, however, administer an AlcoSensor test which registered positive for alcohol. Snyder had no visible injuries, and his passenger was conscious and alert with what appeared to be only minor lacerations to his face. Nevertheless, emergency medical personnel transported both Snyder and his passenger to a hospital, where his passenger later died.
