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Emma Katherine Bergstrom v. The State

Court Rejects Constitutional Challenge to Breath Test Procedure and Affirms DUI Conviction

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Bethel, Judge.Emma Katherine Bergstrom was convicted of DUI under 21 and DUI less safe. She appeals from her convictions, arguing that Georgia’s implied consent statute is unconstitutional on its face and as applied to her. Specifically, Bergstrom argues the State failed to prove she voluntarily consented to the state-administered breath test, and the trial court erred in denying her motion to suppress the results of the test. Finding no error, we affirm.   On appeal from a ruling on a motion to suppress, we defer to the trial court’s factual findings and credibility determinations, but review de novo the court’s application of the law to the undisputed facts. And significantly, to the extent that the controlling facts are undisputed because they are plainly discernable from the patrol carmounted video recording as they are in this case, we review those facts de novo. Although we owe substantial deference to the way in which the trial court resolved disputed questions of material fact, we owe no deference at all to the trial court with respect to questions of law, and instead, we must apply the law ourselves to the material facts. This includes legal determinations based upon the totality of the circumstances.

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