Police responded to a report that a vehicle was blocking a driveway and contacted Christopher Criswell after he drove into a neighboring residential driveway. An officer first spoke with Criswell from a distance, then walked up the open driveway. The officer observed that Criswell was unsteady, had slurred speech and bloodshot eyes, and smelled strongly of alcohol. The officer later ordered Criswell to come to the street or be arrested, and Criswell refused alcohol testing before being arrested for DUI. The Georgia Court of Appeals held that the driveway was an ordinary route for a guest or other visitor and was not protected curtilage under the circumstances. The officer’s approach therefore remained a first-tier encounter and did not require reasonable suspicion. Because the officer was lawfully present, his close observations could be considered. Those observations, together with the fact that Criswell had just driven, supplied reasonable suspicion for continued investigation and probable cause for a DUI arrest, even though the officer had not seen unsafe driving. The Court reversed the trial court’s suppression ruling.