State v. Carter

Phipps, Judge.

Russell Carter was charged with driving under the influence of alcohol and failure to maintain lane. Evidence to be used at trial included the results of a breath test administered to Carter on an Intoxilyzer 5000 instrument; in performing the test, Carter provided two sequential breath samples that registered blood-alcohol concentrations of 0.255 and 0.256. Before trial, Carter filed a written motion in limine stating on information and belief that, in violation of OCGA § 40-6-392, the breath testing device may not have had all of its electronic and operating components…