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State v. K.W. – .140 breath test

K.W. was arrested by a Snellville Police officer after the officer saw K.W. run a stop sign and hit a passing vehicle.  The officer responded to the scene of the accident and noticed K.W. had symptoms of intoxication including a strong odor of alcohol, bloodshot eyes, and that he was unsteady on his feet.  K.W. registered positive on a portable breathalyzer at the scene.  K.W. was arrested and agreed to a breath test.  He registered .140 on the Intoxilyzer 5000. Upon seeing that result, K.W. asked for a blood test.  Although the officer complied with K.W.'s request, he did not give K.W. a choice of where to have the test performed, and the judge suppressed the .140 Intoxilyzer result for the officer's failure to accommodate K.W's request for an independent blood test.