The State v. Smith

DOYLE, Presiding Judge.

James Smith was charged with driving under the influence of alcohol to the extent that it was less safe for him to drive (“DUI less safe”) 1 and failure to maintain his lane. 2 Following a hearing, 3 the trial court suppressed the results of two field sobriety tests because they were not properly administered. 4 The State appeals, 5 and we reverse for the reasons that follow.

We apply the following principles when reviewing a trial court’s ruling on a motion to suppress:

First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts.…