State v. Braunecker

Miller, Judge.

In this prosecution for DUI and other traffic violations, the State appeals the pre-trial suppression of the results of a breath test for alcohol. The trial court found that police denied defendant Braunecker the opportunity to have an independent test. The evidence clearly supports the trial court’s findings, and therefore we affirm.

Pursuant to OCGA § 40-6-392, police may have a chemical analysis done of a DUI suspect’s blood, urine, breath, or other bodily substance. This statute also provides the suspect with the right to have a “qualified person of his own choosing…