State v. Dixon

Ellington, Judge.

Wayne Dixon stands accused in the State Court of Gwinnett County of driving under the influence of alcohol to the extent that it was less safe to drive, OCGA § 40-6-391 (a) (1); driving under the influence of alcohol while having an alcohol concentration of 0.08 or more, OCGA § 40-6-391 (a) (5); and failure to maintain lane, OCGA §§ 40-6-1; 40-6-48. Following the partial grant of Dixon’s motion to suppress evidence obtained at a traffic stop, the State appeals, contending the trial court erred in finding Dixon was in custody when the officer administered a preliminary alcohol…