In England v. State, A09A2181, December 2, 2009, the Georgia Court of Appeals held in Forsyth County DUI arrest heard in Cumming, Georgia, that when asked by a police officer for a breath test under the implied consent law and the driver replies “I would rather have a blood test” is not a request for an independent or additional test under the Georgia Implied Consent law if the officer then redesignates blood as the state-administered test.

This is even true the Blood test was performed at a hospital and paid for by the Driver who thought that the blood test was his independent test.  Further, Defendants are not entitled to cross-examine lab technicians that assist State Toxicologists in Dui Blood tests cases as long as they don’t do anything but run the machine and do not interpret the results.