Johnson v. State

ANDREWS, Presiding Judge.

Randy Scott Johnson appeals after a jury convicted him of DUI, Less Safe under OCGA§ 40-6-391 (a) (1), and driving with no license. Johnson argues that the trial court erred by refusing to grant a mistrial after the prosecutor’s opening statement and failing to give the jury instruction that he requested. Additionally, Johnson argues that the trial court erred by admitting evidence of his refusal to submit to alco-sensor screening without first establishing a foundation for its admissibility and for denying his motion to suppress as to the initial search of Johnson.…