Durrance v. State
319 Ga. App. 866
Ga. Ct. App.2013Background
- Durrance was convicted of DUI per se after a jury trial and challenged via motion for new trial.
- On appeal, he challenges suppression of breath-test results and field sobriety examination, cross-examination about a prior domestic dispute, and probation conditions.
- At the time of the DUI, his wife had called police about a domestic disturbance; officers encountered Durrance at a neighbor’s residence with potential weapon concerns.
- Durrance exited his vehicle; officers detected a strong odor of alcohol, observed impairment, and he admitted drinking; he underwent field sobriety tests and alco-sensor testing with BACs of 0.092 and 0.089.
- The arrest relied on odor, impairment, and positive alco-sensor results, and the court later imposed probation and other sentencing conditions; the appellate court affirmed the conviction and discussed the related issues.
- The case culminates in an affirmation of the judgment and a 12 months with 90 days in prison and balance on probation sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| suppression of breath test and field sobriety evidence | Durrance argues suppression was required | State contends proper scope of suppression review includes trial evidence | No error; suppression ruling proper |
| roadblock/stop legality and reasonable suspicion | Durrance argues police stopped him via roadblock or without reasonable suspicion | State contends not a roadblock and stop was first-tier encounter | Not a roadblock; first-tier encounter; no need for reasonable suspicion |
| Miranda custody and when warnings are required | Durrance claims custody triggered Miranda | State argues no custodial detention during preliminary investigation | Miranda warnings not required during preliminary investigation |
| Probable cause for DUI arrest | Probable cause relied on field tests and BAC | Probable cause existed based on odor, impairment, and alco-sensor | Probable cause supported arrest regardless of field tests |
| Probation conditions related to DUI per se conviction | Conditions overly restrictive and unrelated to offense | Conditions reasonably related to nature/rehabilitation | Conditions reasonable and related; no abuse of discretion |
Key Cases Cited
- Herring v. State, 279 Ga. App. 162 (2006) (standard for reviewing suppression rulings; evidence construed favorably to trial court)
- Pittman v. State, 286 Ga. App. 415 (2007) (may consider all relevant evidence when reviewing denial of suppression)
- Bonds v. State, 188 Ga. App. 135 (1988) (pretrial/trial evidence may be considered in suppression review)
- Chapman v. State, 279 Ga. App. 200 (2006) (first-tier vs. second-tier encounters; no reasonable suspicion needed to approach stopped vehicle)
- In the Interest of A. A., 265 Ga. App. 369 (2004) (approach of stopped vehicle; first-tier encounter)
- Waters v. State, 306 Ga. App. 114 (2010) (custody analysis for Miranda warnings at preliminary investigations)
- Lenhardt v. State, 271 Ga. App. 453 (2005) (Miranda warnings not required during preliminary investigation)
- Rish,
(<n/a>) (probable cause considerations for DUI) - State v. Risk, 295 Ga. App. 815 (2009) (probable cause for DUI per se requires prior hours and BAC above 0.08)
- Cann-Hanson v. State, 223 Ga. App. 690 (1996) (officer observations may establish probable cause to arrest for DUI even absent field sobriety tests)
- Lenhardt v. State, 271 Ga. App. 453 (2005) (utilization of alco-sensor results in probable cause)