State v. Gaggini
321 Ga. App. 31
Ga. Ct. App.2013Background
- Gaggini was arrested for DUI and related offenses after a 3:49–4:26 a.m. scene where officers observed slurred speech, odor of alcohol, and impairment; the Intoxilyzer test showed BACs of 0.187 at 5:14 a.m. and 0.167 at 5:17 a.m.
- The arresting officer read an implied-consent warning to Gaggini as a 21+ driver; a copy of the card was admitted into evidence; Gaggini initially declined the test but then agreed after being re-read the warning.
- Gaggini allegedly did not have a Georgia driver’s license; the trial court found she lacked Georgia license status, affecting which implied-consent warning applied.
- The DUI proceedings included charges of DUI per se (0.08+ within three hours after driving) and DUI less safe, along with improper stopping/parking; the State sought admission of the breath-test results.
- The trial court granted suppression, ruling the warning was not properly tailored for an out-of-state license, and that there was no admissible evidence showing driving within three hours prior to testing.
- The appellate court reversed, holding (i) the proper implied-consent warning was read, (ii) circumstantial evidence supported driving within three hours under OCGA § 40-6-391(a)(5), and (iii) hearsay can be admissible for probable cause in DUI investigations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Implied-consent warning proper for out-of-state license | Gaggini lacked Georgia license; warning not appropriate | Officer read the correct 21+ warning applicable to her | Warning proper; breath test admissible |
| DUI per se three-hour evidence standard | No admissible evidence of driving within three hours | Circumstantial evidence suffices to show driving within three hours | Circumstantial evidence supports driving within three hours; suppression reversed |
| Use of hearsay to establish driving within three hours | Hearsay not admissible to prove timing | Hearsay admissible to establish probable cause | Hearsay may be admissible for probable cause in this context |
| Standard of review and factual findings on license status | Trial court’s license-status finding reversed; proper warning still applicable |
Key Cases Cited
- State v. Peirce, 257 Ga. App. 623-624 (Ga. App. 2002) (discusses implied-consent warnings and suppression standards)
- State v. Gillette, 236 Ga. App. 571, 574 (Ga. App. 1999) (trial court findings on suppression may be clearly erroneous)
- Jarriel v. State, 255 Ga. App. 305, 306-307 (Ga. App. 2002) (probable-cause standard and evidence considerations in suppression rulings)
- State v. Loy, 251 Ga. App. 721, 722 (Ga. App. 2001) (clarifies evidentiary standards in DUI contexts)
- Bell v. State, 291 Ga. App. 437, 439 (Ga. App. 2008) (punctuation/footnotes and evidentiary considerations in DUI cases)