State v. Hughes

Pope, Judge.

Appellee was arrested for and subsequently charged with driving under the influence. The record shows that at the time of his arrest appellee was read his implied consent rights pursuant to OCGA §§ 40-5-55 and 40-6-392 and that appellee then consented to take the intoximeter (breathalyzer) test. Appellee subsequently filed a motion to suppress the results of that test, alleging that he had not been afforded his right to an additional test performed by a person of his own choosing as provided by OCGA § 40-6-392 (a) (3) and as he had been advised at the time of his arrest. At the…