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HOWARD v. STATE

No. A95A1749.

465 S.E.2d 281 (1995)

219 Ga. App. 228

HOWARD v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied November 30, 1995.

Certiorari Denied February 9, 1996.

Attorney(s) appearing for the Case

Gordon G. Greenhut, Decatur, for appellant.

Cheryl F. Custer, District Attorney, Michael M. Hawkins, S. Dabney Yarbrough, Assistant District Attorneys, Conyers, for appellee.

Robert W. Chestney, Atlanta, Kenneth W. Mauldin, Athens, amici curiae.

BEASLEY, Chief Judge.

On December 10, 1994, Howard was charged with driving under the influence of alcohol to the extent it was less safe to drive, OCGA § 40-6-391(a)(1), driving while his blood alcohol concentration was 0.10 grams or more, OCGA § 40-6-391(a)(4), and improper lane usage, OCGA § 40-6-48. Howard's breath test showed a blood alcohol concentration of 0.119 grams, and he was issued an "Official Notice of Intent to Suspend License." An administrative...

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