State v. Howard

MlKELL, Judge.

After Kevin Howard was arrested for driving under the influence of alcohol, he filed a motion in limine to suppress the results of the state-administered breath test, contending that he was not given an opportunity to take an independent blood test in accordance with OCGA § 40-6-392 (a) (3). The trial court granted his motion, and the state appeals. We find no error and affirm.

Under OCGA § 40-6-392 (a) (3),

a person who undergoes a chemical test at the request of a law enforcement officer is entitled to have a qualified person of his own choosing administer an additional test.…