State v. Foster

Blackburn, Chief Judge.

In this DUI prosecution, the State appeals the trial court’s grant of Michael Foster’s motion to suppress the results of certain field sobriety tests, contending that Foster was not under arrest at the time the tests were administered and, as such, was not entitled to be read his Miranda 1 rights beforehand. For the reasons set forth below, we reverse.

On appeal from a denial of a motion to suppress, this Court must construe the evidence most favorably to uphold the ruling of the trial court. State v. Winnie, 2 Furthermore, the trial court’s application of law to facts…