Walker v. State

Eldridge, Judge.

A Gwinnett County jury found Mychal H. Walker guilty of DUI — less safe driver. He appeals and contends solely that the trial court erred in denying his motion to suppress evidence of his “refusal” to submit to a breath test. His several claims are each premised on the fact that the air flow sensor on the Intoxilyzer 5000 EN machine is not calibrated to produce an accurate numeric air flow volume. Finding no error, we affirm.

When an appellate court reviews a trial court’s order concerning a motion to suppress evidence, the appellate court should be guided by three principles.…