The State v. Barnes

BARNES, Presiding Judge.

The State appeals from the order of the trial court granting Denise Barnes’ motion to suppress the results of her state-administered breath test following her arrest for driving under the influence of alcohol to the extent it was less safe for her to drive (“DUI”). See OCGA § 40-6-391 (a) (1). The State contends that the trial court erred in finding that after being read the implied consent notice, Barnes had clearly refused to take the state-administered breath test and had not later rescinded her refusal. It further contends that the trial court erred in finding that…