State v. Carter

Banke, Chief Judge.

The state appeals the trial court’s grant of the defendant’s motion to suppress the results of an intoximeter breath test in her prosecution for driving under the influence.

The arresting officer testified that the defendant was informed of her “implied consent” rights at the time of her arrest in accordance with OCGA § 40-6-392 (a) (3), (4) and that she declined the optional *873test when informed she would have to pay for it. The defendant testified that no such advice was given. She also testified that, after being taken to the police station, she had requested and had been…