Deckard v. State

Beasley, Presiding Judge.

Deckard was charged by accusation with driving under the influence of alcohol, OCGA § 40-6-391 (a) (1), and driving with an unlawful alcohol concentration, OCGA § 40-6-391 (a) (4). The interlocutory review challenges the order denying a motion in limine 1 which seeks to exclude from evidence at trial the results of a State-administered chemical breath test. Deckard contends that the State improperly obtained his consent to the test because the investigating officer misinformed him that his refusal would result in a six-month suspension of his out-of-state driver’s…