Whittle v. State

Bernes, Judge.

Charles Whittle was convicted of driving with an unlawful alcohol content (“DUI”) 1 and speeding 2 following a bench trial in the Cobb County State Court. He appeals his DUI conviction, contending that the trial court erred in denying his motion to suppress the state-administered chemical test. He argues that he was denied his right to an independent test from qualified personnel of his own choosing pursuant to OCGA § 40-6-392 (a) (3). Finding no error, we affirm.

OCGA § 40-6-392 (a) (3) provides that a person who undergoes a chemical test at the request of a law enforcement…