The State v. Brogan

McFADDEN, Presiding Judge.

The state charged Colleen Brogan with driving under the influence of alcohol, OCGA § 40-6-391 (a) (1), (5), among other offenses. The trial court granted Brogan’s motion to suppress evidence of her blood alcohol level obtained through a warrantless blood test, finding that the state did not show Brogan voluntarily consented to the blood test. The state appeals. Because the evidence presented at the hearing on the motion to suppress authorized the trial court’s ruling, we affirm.

A blood test is a search within the meaning of the Fourth Amendment. Williams v. State,…