Dougherty v. State

In Dougherty v. State, 259 Ga. App. 618 (578 SE2d 256) (2003) the defendant similarly argued that his breath test was inadmissible, because "the DFS rules and regulations . . . do not set forth the testing procedures" and "should contain a more detailed description of the actual procedures used to operate and maintain the Intoxilyzer 5000." In Dougherty, in light of the fact that there the defendant presented no evidence that additional rules were necessary to ensure fair and accurate testing, we held that the techniques and methods approved by the DFS, whatever they are, were sufficient under OCGA 40-6-392 (a) (1) (A).