McDaniel v. State

Beasley, Chief Judge.

McDaniel was convicted of driving while having a blood alcohol concentration of more than 0.10 grams (DUI), OCGA § 40-6-391 (a) (4), weaving, OCGA § 40-6-48 (1), and obstruction of an officer, OCGA § 16-10-24 (a). She appeals from her conviction and sentence on the DUI charge.

McDaniel contends the court should have granted her motion to suppress the results of her breath test because she was not fully advised of her right to an independent chemical test as required by OCGA § 40-6-392 (a) (3). See State v. Peters, 211 Ga. App. 755, 756 (440 SE2d 515) (1994). The motion to…