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STATE v. RISH

No. A08A1922.

673 S.E.2d 259 (2009)

The STATE v. RISH.

Court of Appeals of Georgia.

Reconsideration Denied February 2, 2009.

Attorney(s) appearing for the Case

Keith William Day, Dist. Atty., for Appellant.

Brimberry, Kaplan & Brimberry, Jerry Wayne Brimberry Jr., Albany, for Appellee.

MILLER, Chief Judge.

The State appeals from the trial court's grant of Robert Rish's motion to suppress the results of his breathalyzer test. In granting that motion, the trial court found that the State lacked probable cause to arrest Rish for DUI-less safe (OCGA § 40-6-391(a)(1)). While we affirm the trial court's ruling on this issue, we also find that, as a matter of law, the State did have probable cause to arrest Rish for DUI-per se (OCGA § 40-6-391...

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