Gelzer v. State

Ray, Judge.

*219Irving Gelzer was charged with driving under the influence while operating a commercial vehicle ( OCGA § 40-6-391 (i) ) and driving with a suspended license ( OCGA § 40-5-121 ). We granted Gelzer's application for interlocutory review of the trial court's denial of his motion to suppress the results of a breath test. On appeal, Gelzer argues that the results of his breath test should have been suppressed because the arresting officer provided him with an improper implied consent notice. For the following reasons, we vacate the trial court's order and remand the case for further…