Oyler v. State

Sognier, Judge.

Appellant was convicted of driving a motor vehicle while under the influence of intoxicating liquor and operating a motor vehicle on the wrong side of the road.

1. Appellant contends error in the denial of his motion in limine to prevent the State from introducing evidence of appellant’s failure to take a breath alcohol test. He argues that because appellant did not have an attorney present while the test was to be administered, as requested, appellant’s refusal to take the test was inadmissible.

Decided July 12, 1985. John E. Sawhill III, for appellant. Stephen F. Lanier,…