The State appealed an order suppressing the results of Scott Depol’s state-administered breath test. The trial court reasoned that Depol’s apparent intoxication prevented him from voluntarily consenting to the search of his breath. The Court of Appeals of Georgia reversed. Reviewing the undisputed evidence and the governing consent standard, the court held that Depol understood the officer’s communications, was capable of making a free and voluntary choice, and actually consented to the test. The absence of threats, benefits, or promises did not support the trial court’s conclusion that consent was involuntary.