Gray v. State

Pope, Judge.

Defendant Jeff Gray appeals his conviction of driving under the influence on the ground that the trial court erred in denying his motion to suppress the results of the intoximeter test administered by the arresting officer. Defendant argues the results should be suppressed because he was not permitted to obtain an additional independent test of his own choosing.

The testimony presented at the bench trial shows the intoximeter test was administered at the jail at 1:35 a.m. Defendant requested the opportunity for an independent test. The jailer called the local hospital and…