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Yates v. State

The trial court erred in denying a deaf defendant's motion to suppress his refusal to take a breath test because the arresting officer failed to obtain a qualified interpreter as required by O.C.G.A. § 24-9-103.

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Following a non-jury trial, Scott Michael Yates was convicted of driving under the influence of alcohol to the extent that he was less safe to drive and of weaving over the roadway. On appeal, he claims the trial court erred in 1 denying his motion to suppress evidence of his refusal to submit to a state-administered chemical sobriety test and 2 denying his motion to dismiss. We reverse the DUI conviction because the arresting officer failed to comply with the statutory procedures for communicating with a hearing-impaired detainee.

“On reviewing a trial court’s ruling on a motion to suppress, evidence is construed most favorably to upholding the findings and judgment.”1 However, the application of the law to undisputed facts is subject to de novo appellate review.2

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