State v. Metzager

JOHNSON, Presiding Judge.

After Stephen Metzager was arrested for driving under the influence of alcohol, he filed a motion in limine to suppress the results of the state administered breath test, contending he was not given an opportunity to take an independent blood test by a qualified person of his own choosing in accordance with OCGA §§ 40-5-67.1 (b) (2) and 40-6-392 (a) (3). The trial court granted his motion, and the state appeals. We find no error and affirm.

Under OCGA § 40-6-392 (a) (3), a person who undergoes a chemical test at the request of a law enforcement officer is entitled to…