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BARNETT v. STATE

No. S98A1768.

510 S.E.2d 527 (1999)

270 Ga. 472

BARNETT v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied February 8, 1999.

Attorney(s) appearing for the Case

Lee W. Fitzpatrick, Woodstock, for Gregory Austin Barnett.

Channing Ruskell, Solicitor, Canton, for the State.

HUNSTEIN, Justice.

Gregory Austin Barnett was seventeen-years-old when he was arrested, charged and convicted of, inter alia, driving under the influence of alcohol with a blood alcohol concentration of 0.02 grams. OCGA. § 40-6-391(k). Barnett's breathalyzer test revealed a blood alcohol concentration of 0.048. The trial court denied his motion to declare OCGA § 40-6-391(k) unconstitutional. We affirm.

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