State v. Lord

Smith, Judge.

In each of these two cases, the State appeals an order suppressing the results of an Intoxilyzer 5000 breath test. We consider whether the rule established in State v. O’Donnell, 225 Ga. App. 502 (484 SE2d 313) (1997), requiring the post-arrest giving of Miranda warnings before administering field sobriety tests, also requires the giving of Miranda warnings before the state administered breath test. OCGA § 40-5-55 (a) provides for statutory consent to the breath test subject to the provisions of OCGA § 40-6-392, when an adequate implied consent warning is given pursuant to OCGA §…