Abrahamson v. State

The investigating officer did not subject the defendant to a custodial arrest requiring Miranda warnings when he detained her for 10 to 15 minutes in her car while waiting for an on-duty DUI officer to arrive on the scene.

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A Gwinnett County jury found Julie Abrahamson guilty of driving under the influence of alcohol to the extent she was a less safe driver, OCGA § 40-6-391 a 1. Abrahamson appeals from the judgment of conviction, contending the trial court erred in denying her motion to suppress evidence allegedly unlawfully obtained. Finding no error, we affirm. “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. Allenbrand v. State , 217 Ga. App. 609 1 458 SE2d 382 1995. So viewed, the record reveals the following.

Around 8:40 p.m. on May 3, 2003, a concerned citizen flagged down an off-duty Gwinnett County police sergeant and pointed out a driver that “was swerving all over the roadway.” The sergeant followed the driver for a quarter of a mile and observed her failing to maintain her lane of travel. The sergeant activated his blue lights, but the driver did not immediately stop, traveling another quarter of a mile before she pulled over. When the sergeant walked up to the car, he found a “fairly incoherent” Julie Abrahamson sitting in the driver’s seat. She was able to produce her license only after “much effort.” Abrahamson had watery bloodshot eyes, smelled of an alcoholic beverage, and had slurred speech. She told the sergeant that she had been “drinking at the lake.” Abrahamson then proceeded to vomit all over herself. The sergeant made sure Abrahamson could breathe, then had her remain in her car so that she “didn’t stagger out into traffic.” She was not handcuffed, and the driver’s door was open. The sergeant radioed for an on-duty DUI officer to take over. He did not arrest Abrahamson himself. About 10 to 15 minutes later, the DUI officer arrived.

Abrahamson v. State

The investigating officer did not subject the defendant to a custodial arrest requiring Miranda warnings when he detained her for 10 to 15 minutes in her car while waiting for an on-duty DUI officer to arrive on the scene.

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