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Jones v. State

The results of the defendant's state-administered breath test were admissible, despite the fact that the arresting officer only requested a blood test after reading the implied consent notice.

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Following a bench trial, the State Court of Henry County found Robert Lee Jones guilty beyond a reasonable doubt of driving while under the influence of alcohol DUI-less safe, OCGA § 40-6-391 a 1, and possession of an open alcoholic beverage container in the passenger area of a vehicle, OCGA § 40-6-253 b 1 B. Jones appeals, contending that the trial court erred in denying his motion to suppress the results of his state-administered breath test. Finding no error, we affirm.

Jones’ sole contention on appeal is that the trial court should have suppressed the breath test results because the officer who read him the implied consent notice referred only to a blood test and, as a result, he Jones did not knowingly and voluntarily consent to taking a breath test.

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