Chastain v. State

Smith, Judge.

Anthony Wynn Chastain was convicted by a jury of driving under the influence of alcohol to the extent it was less safe for him to drive, OCGA § 40-6-391 (a) (1), violating the open container law, OCGA § 40-6-253 (b), and failing to maintain lane, OCGA § 40-6-48 (l). He appeals his convictions and the sentence imposed by the trial court on the open container charge.

1. In his first enumeration of error, Chastain challenges the constitutionality of OCGA § 40-6-392 (f), which provides that a properly prepared certificate of inspection showing that a breath-testing instrument is in…