Scheipers v. State

Ruffin, Judge.

Following a bench trial, Guy Scheipers was found guilty of having a blood alcohol concentration of 0.10 grams or more within three hours after driving or being in actual physical control of a vehicle. See OCGA § 40-6-391 (a) (5). Scheipers contends in his sole enumeration of error that there is insufficient evidence to support his conviction because the machine used to test his breath has a 0.010 margin of error. We disagree and affirm his conviction.

The evidence shows that Scheipers was given a breathalyzer test on an Intoximeter 5000 machine following his arrest for driving…