Waterman v. State

Miller, Chief Judge.

Following a bench trial on stipulated facts, Daniel E Waterman was convicted of driving under the influence of alcohol to the extent that he was a less safe driver (OCGA § 40-6-391 (a) (1)), driving under the influence of alcohol, per se (OCGA § 40-6-391 (a) (5)), and speeding (OCGA § 40-6-181). Waterman appeals from the judgment of conviction, arguing that the trial court erred in denying his motion to suppress the results of a state-administered blood alcohol content test because Waterman requested, but was not given, an independent test, as required by OCGA § 40-6-392…