persons or things to be seized.”); see also Ga. Const. art. 1, § 1, ¶ XIII (“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue except upon probable cause supported by oath or affirmation particularly describing the place or places to be searched and the person or things to be seized. trial court’s finding that there was insufficient probable cause for a DUI arrest even when there was testimony that, inter alia, the defendant had glassy eyes and admitted that he had been drinking, and deferring to the trial court’s finding that there was no evidence that the defendant was a less-safe driver). Cf. Sultan v. State, 289 Ga. App. 405, 409 (2) (657 SE2d 311) (2008)
holding that there was insufficient probable cause for a dui arrest when inter alia although the defendants eyes were bloodshot and watery there was no evidence that her eyes were glassy or unfocused holding that although two officers detected a strong odor of alcohol coming from the defendants person that fact did not support an arrest for dui when there was no evidence presented whatsoever as to the defendants manner of driving that her speech was slurred her gait unsteady or her eyes red and glassy holding that the trial court was authorized to conclude that probable cause supported an arrest for dui when evidence showed that the officer detected the odor of alcohol coming from the defendants vehicle the defendant admitted to having consumed alcohol her breath tested positive for the presence of alcohol her speech was slurred and her eyes were red and watery and she failed the oneleg stand field sobriety test holding that the odor of alcohol on the defendants breath her admission that she had a few drinks earlier in the evening and a positive result on a breath test do not provide probable cause to arrest her for dui holding that there was sufficient probable cause for the defendants dui arrest when the evidence showed that the officer smelled the odor of alcohol on the defendants breath the defendants eyes were bloodshot and watery and his breath test was positive for alcohol