Thornhill v. State

Birdsong, Presiding Judge.

Brian Thornhill appeals his conviction of driving under the influence of alcohol. This was his third conviction for this offense. Thorn-hill contends the trial court erred by placing the burden on him to demonstrate why his blood-alcohol test was inadmissible and by finding the State met the requirements of OCGA § 40-6-392 so that the blood-alcohol test results were admissible. Held:

1. Although the transcript shows that the trial court erroneously placed the burden of going forward with evidence on Thornhill in the hearing on his motion in limine to exclude the…