The State appeals from the trial court’s order granting Lee Ann Stelzenmuller’s motion to suppress evidence of her refusal to submit to a breath test in this DUI case. The State asserts that the trial court’s conclusion that the arresting officer was not credible was not supported by the record, and the trial court therefore erred when it granted the motion to suppress. For the reasons set forth below, we disagree and affirm. We must abide by the following three principles when reviewing a trial court’s order concerning a motion to suppress evidence: First, the 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. Citations and punctuation omitted. State v. Hester , 268 Ga. App. 501, 502 602 SE2d 271 2004. With these principles in mind, the record shows that the arresting officer was the only witness who testified at the motion to suppress hearing and that the parties agreed that the only issue before the trial court was whether the implied consent warning was read before or after Stelzenmeller was arrested. See Hough v. State , 279 Ga. 711, 716 2 a 620 SE2d 380 2005 suspect must be under arrest before implied consent rights are read in case not involving serious injuries or fatalities.
The arresting officer responded to a report of a single-car accident and administered field sobriety tests to Stelzenmuller, the driver. The officer testified that after he administered the field sobriety tests, the defendant kept repeating that she wanted to drive home. The officer “told her she could, but first she has to go to the DeKalb County jail. I had her have a seat in the back of my unit. And that is when I told her to listen up, pay attention, I’m about to read her the Georgia implied consent.” The officer stood outside the patrol car when he read the implied consent warning. The officer testified that after reading the implied consent warning, the officer frisked Stelzenmuller, placed her in handcuffs, and transported her to jail.
