State v. Gauthier
326 Ga. App. 473
| Ga. Ct. App. | 2014Background
- Shortly after midnight, police observed Gauthier drive into a closed shopping-center parking lot, circle through it, and stop next to a closed business; an officer approached without activating lights to ask why she was there and requested her ID.
- The officer spoke with Gauthier at her car; she lowered the window and said she was waiting for her boyfriend and handed over her driver’s license; a backup officer arrived minutes later.
- Officers detected a strong odor of alcohol from the vehicle (and believed it came from Gauthier), and observed bloodshot, watery eyes and emotional distress; Gauthier admitted to drinking one mixed drink.
- The second officer asked Gauthier to exit the vehicle and administered three standardized field sobriety tests (HGN, walk‑and‑turn, one‑leg stand), on which she performed poorly, leading the officer to conclude she was impaired.
- Gauthier was arrested for DUI and, after being read implied‑consent warnings, agreed to a breath chemical test; she moved to suppress the breath test results arguing the initial stop and subsequent arrest lacked constitutional justification.
- The trial court granted suppression finding a lack of articulable suspicion for the stop; the State appealed and the appellate court reviewed the legal issues de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the officer’s initial approach to the parked vehicle required reasonable articulable suspicion | Gauthier: officer unlawfully stopped her without reasonable suspicion | State: initial contact was a consensual, first‑tier encounter requiring no suspicion | Held: initial approach was a first‑tier encounter; no articulable suspicion required |
| Whether detection of alcohol odor and observations justified an investigative detention and field sobriety tests | Gauthier: continued detention was unlawful because initial stop lacked basis | State: odor, bloodshot eyes, admission of drinking supplied articulable suspicion for a second‑tier detention | Held: odor + signs of impairment amounted to reasonable, articulable suspicion to detain and administer sobriety tests |
| Whether the short delay and backup arrival converted detention into an arrest without probable cause | Gauthier: delay amounted to an arrest absent probable cause | State: a matter of minutes and backup arrival did not transform the detention into an arrest | Held: brief delay did not convert the detention into an arrest; a reasonable person would feel only temporarily detained |
| Whether officers had probable cause to arrest and request a chemical breath test | Gauthier: no probable cause existed for arrest or implied‑consent request | State: combined observations, admission, and failed sobriety tests created probable cause | Held: probable cause supported arrest and request for chemical test under implied‑consent statute |
Key Cases Cited
- State v. Preston, 293 Ga. App. 94 (discusses State’s right to appeal orders suppressing test results)
- Brittian v. State, 257 Ga. App. 729 (police may approach and question drivers without suspicion)
- Pierce v. State, 319 Ga. App. 721 (officers may ask for identification and question without detaining)
- Blankenship v. State, 301 Ga. App. 602 (odor of alcohol can provide articulable suspicion for detention and sobriety testing)
- Peterson v. State, 294 Ga. App. 128 (alcohol smell alone can justify field sobriety tests)