Davis v. State

Beasley, Judge.

Davis was convicted of homicide by vehicle in the first degree, OCGA § 40-6-393 (a) and driving under the influence of alcohol with .12 percent or more by weight of alcohol in his blood, OCGA § 40-6-391 (a) (4); the latter offense was merged with the former for sentenc ing. He was acquitted of the charge of driving on the wrong side of the roadway, OCGA § 40-6-40.

1. Appellant contends that the trial court erred in denying his motion to suppress evidence or motion in limine to exclude evidence of the blood alcohol test because he asserts that he was never under arrest for…