Dotson v. State

Banke, Chief Judge.

Dotson appeals his conviction of driving while under the influence of alcohol, in violation of OCGA § 40-6-391 (a) (1). Held,-.

1. Appellant enumerates as error the denial of his motion in limine and subsequent admission into evidence of the results of a police administered intoximeter (breath) test. He claims that, although OCGA § 40-6-392 (a) (5) provides for chemical analysis of a DUI suspect’s blood to determine the amount of alcohol therein, in the absence of a statutory provision correlating breath-alcohol concentration to intoxication, the state should be barred from…