Cole v. State

Ruffin, Presiding Judge.

On July 9, 2002, the State charged Don Cole with driving under the influence of alcohol. Cole subsequently moved to suppress the results of his intoximeter test, arguing that the arresting officer failed to provide an independent blood test under OCGA § 40-6-392 (a) (3) and that the arresting officer failed to use reasonable efforts to ensure that Cole’s blood was both drawn and tested. The trial court denied Cole’s motion, and we granted Cole’s application for interlocutory appeal. For reasons that follow, we reverse.

In reviewing a trial court’s decision on a motion…