Brannan v. State
| Decision Date | 28 February 1991 |
| Docket Number | No. S90G1212,S90G1212 |
| Citation | 401 S.E.2d 269,261 Ga. 128 |
| Parties | BRANNAN v. The STATE. |
| Court | Georgia Supreme Court |
Bentley C. Adams, III, Virgil L. Brown, Virgil L. Brown & Associates, Zebulon, for Brannan.
Daniel W. Lee, Lewis, Taylor & Lee, P.C., LaGrange, for the State.
Michael J. Bowers, Atty. Gen., Neal B. Childers, Asst. Atty. Gen., Atlanta, Billy L. Spruell, Brian M. Dubuc, Spruell & Dubuc, P.C., John R. Martin, Martin Brothers, P.C., Atlanta, for amicus curiae.
The appellant, William Earl Brannan, was convicted of driving under the influence of alcohol in the State Court of Troup County on June 22, 1989. Prior to trial Mr. Brannan filed a motion to suppress and a motion in limine seeking to prevent the state from introducing the results of a test of his blood-alcohol content conducted on an Intoximeter 3000 breathalyzer machine. The test results showed that Mr. Brannan had a blood-alcohol level of 0.18 grams. The trial court denied Mr. Brannan's motion to suppress and motion in limine and permitted the state to introduce the intoximeter results. Subsequently, Mr. Brannan was found guilty of violating OCGA § 40-6-391(a)(4). The Court of Appeals granted certiorari and affirmed the conviction. Brannan v. State, 195 Ga.App. 709, 394 S.E.2d 562 (1990). We granted certiorari in this case to consider the following question:
Whether the admissibility of breathalyzer test results is controlled solely by OCGA § 40-6-392, so that, as long as a test has been conducted in compliance with that statute, a defendant is precluded from attacking the admissibility of the test based on a challenge to the scientific reliability of the result?
We find that the admissibility of breathalyzer test results is controlled solely by OCGA § 40-6-392, and we affirm.
1. Mr. Brannan asserts that the trial court erred in denying his motion to suppress and his motion in limine. Central to Mr. Brannan's assertions are allegations that breathalyzer results are scientifically unreliable, and that the Intoximeter 3000, as currently used in Georgia, has not been properly approved under OCGA § 40-6-392. These allegations are controlled by Lattarulo v. State, 261 Ga. 124, 401 S.E.2d 516, 518 (1991), and we find no error in the denial of Mr. Brannan's motions.
2. Mr. Brannan challenges the trial court's instruction to the jury on the definition of blood-alcohol concentration, asserting that the instruction unconstitutionally shifts the burden of proof from the state to himself. We disagree. The...
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