Magher v. State

McMurray, Presiding Judge.

Defendant Magher appeals her conviction of the offense of driving under the influence of alcohol. Held:

1. Defendant contends the results of the breath test given her should not have been admitted into evidence since she was denied an opportunity to obtain an independent blood test. The State presented evidence that defendant was repeatedly instructed as to her right to an additional test as provided under OCGA § 40-6-392 (a) (3), and that defendant, while confused, eventually stated that she did not want an additional test. Defendant presented evidence that she had…