Gutierrez v. State

Johnson, Judge.

After a bench trial, Gary Gutierrez was convicted of driving under the influence of alcohol. He appeals.

1. Gutierrez contends the trial court erred in admitting Intoxilyzer 5000 test results when the state failed to show that the machine on which the breath test was performed had all of its parts attached and in good working order. See OCGA § 40-6-392 (a) (1) (A). We disagree.

For a chemical analysis of a person’s breath to be valid under OCGA § 40-6-392 (a) (1) (A), the test must have been conducted on a machine which was operated with all its electronic and operating…