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Hendrix v. State

The officer's refusal to drive the defendant's 50 miles round trip to accommodate his request to have independent chemical testing done at the hospital of his choice did not constitute a denial of defendant's rights under O.C.G.A. § 40-6-392 a 3.

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Following a bench trial, the court found Gerald Lee Hendrix guilty of driving under the influence of alcohol. In his sole enumeration of error on appeal, Hendrix argues that the trial court erred in denying his motion to suppress the results of his breath test. According to Hendrix, the court should have suppressed the test results because the arresting officer acted unreasonably in failing to take Hendrix to the facility of his choice for an independent blood test. For reasons that follow, we affirm.

The relevant facts demonstrate that on October 17, 1999, Officer Greg Falls of the Carrollton Police Department saw a car driven by Hendrix weaving on the road. Falls stopped Hendrix and made him perform several field sobriety tests, which Hendrix failed. Falls then read Hendrix his implied consent rights, informing him that after submitting to the breath test, he was “entitled to additional chemical tests of his blood, breath, urine, or other bodily substances at his own expense and from qualified personnel of his own choosing.”

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