State v. Rish

Miller, Chief Judge.

The State appeals from the trial court’s grant of Robert Rish’s motion to suppress the results of his breathalyzer test. In granting that motion, the trial court found that the State lacked probable cause to arrest Rish for DUI-less safe (OCGA § 40-6-391 (a) (1)). While we affirm the trial court’s ruling on this issue, we also find that, as a matter of law, the State did have probable cause to arrest Rish for DUI-per se (OCGA § 40-6-391 (a) (5)). We therefore reverse the trial court’s order.

“In reviewing a trial court’s decision on a motion to suppress which in effect…