State v. Hunter

Heather Ann Hunter was arrested and charged with driving under the influence of alcohol on November 11, 1994. After being read implied consent rights at the scene of the arrest, Hunter consented to a State-administered test of her breath for the purpose of determining whether she was under the influence of alcohol. The test was conducted on an Intoximeter 3000 machine which registered an alcohol concentration of 0.10 grams. On July 13, 1995, the trial court granted Hunter’s motion seeking exclusion of the results of the breath test. The State appeals pursuant to OCGA § 5-7-1.

1. The first…