Holcomb v. State

McMurray, Presiding Judge.

Defendant was tried before a jury and found guilty of alternative counts of driving under the influence of alcohol. The counts were merged for sentencing, so that defendant was “[sentenced on Count II only.” His motion for new trial was denied and this appeal followed. Held:

1. In his seventh enumeration, defendant contends the trial court erred in denying his motion to suppress the results of the State-administered breath test. He argues the implied consent warning he received is deficient because it did not advise him that he had the right to an independent chemical…