State v. Kruzel

Ellington, Judge.

Kerry Philip Kruzel stands accused in the State Court of Gwin-nett County of driving under the influence of alcohol to the extent that it was less safe to drive and while having a blood alcohol concentration of 0.10 grams1 or more, OCGA § 40-6-391 (a) (1), (5), and speeding, OCGA § 40-6-181. Kruzel filed a motion to suppress the results of a breath test. The Intoxilyzer printout showed the results of two sequential breath samples as 0.100 grams and 0.108 grams, respectively. After a hearing, the trial court denied Kruzel’s motion to suppress. But the trial court also in…