Failure to accommodate request for independent test renders state’s test results inadmissible.

Topic: DUI, Decided by Judge Malihi 
Docket Number: 1500263 , Decision Date: 2015-02-11 
Attachment: Click here to download the decision. 

The arresting officer obtained an additional state-administered chemical test in response to a DUI suspect’s invocation of her right to an independent test.  Provision of the second state-administered test was insufficient to meet the statutory requirement that the arresting officer make efforts to accommodate the DUI suspect’s request for a test administered by qualified personnel of her own choosing.  Accordingly, the results of the state-administered test were inadmissible pursuant to Georgia law.