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Harper v. State

Even if defendant had to wait an hour after his initial stop until the DUI task force officer arrived, defendant's detention did not ripen into an arrest requiring a Miranda warning before the DUI task force officer conducted field sobriety tests.

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Chris Marion Harper was convicted of driving under the influence of alcohol. Following denial of his motion for new trial, he appeals. He claims that the trial court erred by not excluding evidence of his sobriety tests because the tests were administered after he was placed under arrest but before he was advised of his Miranda rights. We find this contention to be without merit, and we affirm.

Early in the morning of September 21, 1996, Officer Stewart saw Harper driving west on Lindbergh Road in Atlanta. Harper made an illegal right turn onto Peachtree Road at a red light at the intersection of Lindbergh Road and Peachtree Road, and the officer pulled him over. Officer Stewart noticed that Harper’s eyes were red, that his speech was slurred, and that there was a strong smell of alcohol coming from his vehicle. Suspecting Harper to be driving under the influence, Officer Stewart called for a DUI task force officer. In response, Officer Garrison arrived and led Harper through a series of field sobriety tests. Officer Garrison then informed Harper that he was under arrest, read him the implied consent notice, and took him into custody.

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