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State v. Naik

It is unnecessary for the Intoxilyzer 5000 operator to testify to his opinion that the breath test was performed according to the applicable methods.

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The State Court of Gwinnett County granted Piyush Naik’s motion to suppress breath test results, finding the State failed to prove the chemical test of Naik’s breath was “performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation,” as required by OCGA § 40-6-392 a 1 A. Pursuant to OCGA § 5-7-1 a 4, the State appeals, contending the trial court erred in construing OCGA § 40-6-392 a 1 A to require opinion testimony from the Intoxilyzer operator that he performed the test according to the applicable methods. We agree and reverse.

On appeal from an order granting or denying a motion to suppress, the evidence must be construed most favorably to support the trial court’s ruling. State v. Causey, 246 Ga. App. 829, 829-830 1 540 SE2d 696 2000. “Where the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, the trial court’s application of the law to undisputed facts is subject to de novo appellate review.” Citation omitted. Id. at 830 1.

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