The State v. Depol

Boggs, Judge.

The State of Georgia appeals from the trial court’s order granting Scott Depol’s motion to suppress the results of a breath test based upon the Supreme Court of Georgia’s recent decision in Williams v. State, 296 Ga. 817 (771 SE2d 373) (2015). Specifically, the trial court concluded that “the Defendant’s apparent voluntary intoxication left him without the ability to voluntarily consent to a search of his breath with the use of a machine, despite the lack of threats, benefits or promises from any of the three officers present on the scene.” For the reasons explained below, we…