Denstaedt v. the State

I respectfully dissent. Trial counsel performed deficiently in failing to present the expert defense witness’s opinion that the Intoxilyzer results were unreliable, and there is a reasonable probability that, but for this deficiency, the result of the trial would have been different. See Grant v. State, 295 Ga. 126, 130 (5) (757 SE2d 831) (2014).

The results of Denstaedt’s two Intoxilyzer tests provided the only evidence of his blood alcohol concentration, which the state was required to prove to convict him of DUI per se. See OCGA § 40-6-391 (a) (5). At the hearing on Denstaedt’s motion for…