Andrews, Judge.Following a stipulated bench trial based on proffered evidence, the State Court of Fayette County found Gerren Smith guilty of driving under the influence of alcohol to the extent he was less safe to drive, in violation of OCGA § 40-6-391 (a) (1). Smith appeals his resulting conviction, arguing that the trial court erred in considering an agreement he entered into during administrative license suspension (ALS) proceedings. He also asserts that the State failed to prove venue. Although the trial court properly considered the ALS evidence, we agree with Smith that the State offered insufficient proof of venue. Accordingly, we reverse. Viewed favorably to the verdict, see Mock v. State, 306 Ga. App. 93, 94 (701 SE2d 567) (2010), the evidence shows that a Fayette County Sheriff’s Deputy stopped Smith in the early morning hours of November 25, 2015, for a tag-light violation. While speaking with Smith, the deputy detected a heavy odor of alcohol coming from Smith’s vehicle, and he noticed that Smith had bloodshot, glassy eyes and droopy eyelids. Smith’s speech was also slurred, and the deputy smelled alcohol on his breath. The deputy asked Smith to take part in several field sobriety evaluations, but Smith declined, insisting that he had not been drinking. Based on the physical manifestations exhibited by Smith, the deputy determined that he was an impaired driver, placed him under arrest, and read him the Georgia implied consent warning. Smith subsequently refused to give a breath sample for the state-administered breath test.1. Smith first argues that the trial court erred in considering evidence that, during the ALS proceedings, he agreed with the arresting deputy to plead guilty to the criminal DUI charge in exchange for dismissal of the deputy’s sworn report supporting administrative suspension of his driver’s license. The agreement, which was reflected in a consent “Motion to Dismiss Sworn Report” signed by Smith’s attorney and the deputy, stated: The dismissal of the Sworn Report is based upon [Smith's] agreement to enter a guilty plea to the underlying charge of violating OCGA § 40-6-391 . . . . [Smith] further agrees that if [he] fails to enter the plea as agreed, [Smith] waives [his] right to further contest the suspension under OCGA § 40-5-67.1, and agrees to the entry of an order vacating the Consent Order and an order suspending or disqualifying [his] driver’s license, permit or privilege to operate a motor vehicle or commercial motor vehicle in this state.
