Pierce v. State

Carley, Judge.

Appellant appeals his conviction for driving under the influence.

1. Prior to trial, appellant filed a “Motion In Limine and Motion To Suppress Evidence.” The motions contested the admissibility of the results of a chemical test of appellant’s breath. A hearing was conducted on the motions, and appellant urged the exclusion of the evidence on the ground that, contrary to the mandate of OCGA § 40-6-392 (a) (1), the rules and regulations concerning chemical tests have never been promulgated by the Georgia Bureau of Investigation (GBI). The trial court refused to exclude the…