Akin v. State

McMurray, Presiding Judge.

Defendant Akin was arrested for and subsequently charged with driving under the influence of alcohol. This is an interlocutory appeal from the state court’s denial of defendant’s motion in limine to exclude the results of an intoximeter test. Held:

Following his arrest by Gwinnett County police defendant was read his implied consent rights pursuant to OCGA §§ 40-5-55 and 40-6-392. Defendant consented to take the intoximeter test as requested by the arresting officer and requested an additional test at Northside Hospital. The arresting officer advised defendant that…