Martin v. State

Blackburn, Judge.

On reconsideration, the opinion rendered July 7, 1995, is vacated, and the following is substituted therefor.

The appellant, Michael DeWayne Martin, was charged by accusation with driving under the influence of alcohol. The trial court denied Martin’s motion in limine to suppress his breath test results, and Martin now appeals based upon newly amended OCGA § 40-5-67.1, which was given retroactive application by the legislature.

At 3:17 a.m., on September 10, 1994, Martin was stopped by a police officer and, after the administration of several field sobriety tests, was arrested…