Following a bench trial, Nikish Amin was convicted of both driving under the influence of alcohol to the extent he was a less safe driver and per se driving under the influence of alcohol. Amin appeals, alleging the trial court erred in denying his motions to suppress. We find no error and affirm his convictions. When reviewing a trial court’s decision on a motion to suppress, this court’s responsibility is to ensure that there was a substantial basis for the decision. The evidence is construed most favorably to uphold the findings and judgment, and the trial court’s findings on disputed facts and credibility are adopted unless they are clearly erroneous.1 So construed, the record shows that on September 11, 2005 at approximately 3:30 a.m. an officer on patrol “observed some auto parts laying about in the parking area . . . and . . . saw a large puddle of oil and then a line of oil leading up to the vehicle.” The officer stopped behind the vehicle, got out, and saw several people in the parking lot area. He asked the people in the parking area if they knew what happened and who was driving the vehicle. One of the persons gave the officer a description of the individual who was driving the vehicle and told the officer that the individual had just entered the McDonald’s area of the Shell gas station. The officer entered McDonald’s. Amin was the only customer present, and he matched the description given to the officer. The officer asked Amin if he was the driver of the vehicle. At this point, the officer noticed that Amin’s “eyes were glazed over, bloodshot, and he smelled of an odor of alcoholic beverage.” When Amin did not respond, the officer asked him for his driver’s license and asked him to step outside, which he did. According to the officer, he asked Amin to step outside so that he could talk to him in front of the vehicle and make sure that the two were talking about the same vehicle and so the witness could identify him. Once they were outside, the officer pointed to the vehicle and asked Amin again if he was the driver. Amin stared at the officer, and after a long pause responded, “no.” The officer then told Amin that he believed Amin was driving the vehicle and that he believed the tag would show that the vehicle belonged to Amin or someone he knew. The officer asked Amin to “just be honest with me.” The officer also told Amin he had a witness that saw him driving the vehicle. The officer testified that this statement was a technique to get the defendant to realize it was a serious situation. Amin then told the officer he was driving the vehicle.
After Amin admitted to driving the vehicle, the officer asked him if he had ever taken field sobriety tests before, to which Amin first said yes, then said no. The officer then administered the HGN, nine-step walk and turn, one leg stand, and alco-sensor tests. Amin was immediately arrested after the field sobriety tests and read the implied consent form. The officer transported him to the police department, where he was given the state-administered chemical test of his breath on the Intoxilyzer 5000.
