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STATE v. HENRY

S20G1339.

864 S.E.2d 415 (2021)

The STATE v. HENRY.

Supreme Court of Georgia.

Decided: October 19, 2021.

Attorney(s) appearing for the Case

Jefferson Frisby Upchurch , Assistant Solicitor-General, Henry County Judicial Center, 44 John Frank Ward Boulevard, Suite 350, McDonough, Georgia 30253, for Appellant.

Omeeka P. Loggins , Solicitor-General, Augusta-Richmond County Solicitor, General's Office, 735 James Brown Blvd, Suite 2500, Augusta, Georgia 30901, Robert Wright Smith, Jr. , Gilbert Alexander Crosby , Prosecuting Attorneys' Council of Georgia, 1590 Adamson Parkway, 4th Floor, Morrow, Georgia 30260-1755, for Amicus Appellant.

George Chadwell Creal, Jr. , George C. Creal, Jr., P.C., 480 John Wesley Dobbs Avenue, NE, Unit 190, Atlanta, Georgia 30312, for Appellee.

Greg Allen Willis , Willis Law Firm, 6000 Lake Forrest Drive, Suite 275, Atlanta, Georgia 30328, Hunter Joseph Rodgers , Paulding County Public Defender's Office, 280 Constitution Blvd Suite 1086, Dallas, Georgia 30132, David Edward Clark , Clark & Towne, PC, 1755 North Brown Road, Suite 200, Lawrenceville, Georgia 30043, Kimberly A. Dymecki , 50 Technology Pkwy. South, Peachtree Corners, Georgia 30092, for Amicus Appellee.

Georgia law allows the results of chemical tests performed on the blood, urine, breath, or other bodily substances of persons accused of driving under the influence of alcohol, drugs, or other substances in violation of OCGA § 40-6-391 to be admitted into evidence. See OCGA § 40-6-392(a). When such tests are performed...

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