Modlin v. State

Sognier, Judge.

Appellant was convicted of driving under the influence of alcohol. In his sole enumeration of error, appellant contends the trial court erred when it did not dismiss the case because the State made no affirmative showing that appellant waived his right to an independent chemical test by a person of his own choosing in addition to the test administered by the State. This enumeration of error is without merit.

The arresting officer testified that appellant was given the implied consent warnings required by OCGA § 40-5-55 (a) and he refused to take a breath test. Appellant…