DiMauro v. State

Blackwell, Judge.

Following a bench trial in Henry County, Nicholas DiMauro was convicted of driving under the influence of alcohol in violation of OCGA § 40-6-391 (a) (5), based on, among other things, stipulated evidence of the results of an Intoxilyzer 5000 breath test. DiMauro appeals, asserting that, because no officer read the Miranda 2 warnings to him before field sobriety tests were administered, the court below should have granted his motion to suppress evidence of the results of the field sobriety tests, as well as the Intoxilyzer 5000 breath test, which was administered later.…