State v. Buffington

Benham, Judge.

Appellee was arrested for driving under the influence of alcohol near Gainesville, Georgia, on New Year’s Eve. He was given an intox imeter test, which produced a reading of .27 grams percent. Appellee filed a motion in limine to suppress the test results, contending that he was not given ample opportunity to take an independent blood test in accordance with OCGA § 40-6-392 (a) (3). The trial court granted appellee’s motion, and the State appeals.

The testimony at the suppression hearing showed that after the completion of the State’s intoximeter test, appellee asked for an…