Court of Appeals of Georgia March 23, 2007, A06A2171 (State v. Austell)

Andrews, Presiding Judge,

dissenting.

After a struggle in the dark, the officer in this case subdued, handcuffed, and arrested Austell, a 240-pound male, on suspicion of DUI. As the officer secured Austell’s car and began an inventory of its contents, Austell lay down and vomited in the back of the patrol car.