Howard v. State

Beasley, Chief Judge.

On December 10, 1994, Howard was charged with driving under the influence of alcohol to the extent it was less safe to drive, OCGA § 40-6-391 (a) (1), driving while his blood alcohol concentration was 0.10 grams or more, OCGA § 40-6-391 (a) (4), and improper lane usage, OCGA § 40-6-48. Howard’s breath test showed a blood alcohol concentration of 0.119 grams, and he was issued an “Official Notice of Intent to Suspend License.” An administrative hearing was held pursuant to OCGA § 40-5-67.1 (g) to determine whether to rescind or sustain the suspension.

1. Howard contends the…