Miller v. State

Johnson, Chief Judge.

Michael Miller was charged with driving under the influence of alcohol to the extent he was a less safe driver, OCGA § 40-6-391 (a) (1), and driving with an unlawful blood alcohol level, OCGA § 40-6-391 (a) (5). He was tried before a judge sitting without a jury. The judge found Miller not guilty of DUI to the extent he was a less safe driver, but guilty of DUI with an unlawful blood alcohol level. Miller appeals.

1. Miller asserts the court erred in admitting evidence of his breath test results. The assertion is correct because the state failed to meet its burden of…