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State v. Carraway

Defendant's response to the officer's request that he take a breath test was not protected by the privilege against self-incrimination.

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The State appeals the trial court’s order suppressing “all evidence subsequent to David W. Carraway’s arrest, including the so-called field sobriety tests, visual observations of the officers, and the State administered breath test.” Because we find the trial court’s relief was overly broad for a Miranda violation, we reverse the portion of the order suppressing evidence of the officers’ observations and the breath test.

After Carraway was stopped for riding his motorcycle without a helmet, the officer immediately placed him under arrest and called an Atlanta DUI Task Force officer because Carraway appeared intoxicated. Upon his arrival, the DUI officer immediately smelled a strong odor of alcohol, saw that Carraway’s eyes were bloodshot and glazed, and saw that Carraway had difficulty standing erect. He then had Carraway perform field sobriety tests. Carraway later consented to a breath test, and he was accused ultimately of driving under the influence of alcohol to the extent that he was a less driver OCGA § 40-6-391a1, driving with an alcohol concentration of at least .10 grams OCGA § 40-6-391a51 , and operating a motorcycle without a helmet OCGA § 40-6-315a.

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