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State v. McCabe6/24/1999
are" to "you're"; and added the word "an." Several of the grammatical variations at issue here were analyzed in State v. McGraw, 237 Ga. App. 345, 346-347 (514 SE2d 34) (1999). We found that the use of "test" instead of "tests," and "State's test" rather than "required state tests" did not substantially alter the warning. Id. at 346-347 (2) (a). Nor do we now find that by saying "zero point ten grams," instead of "0.10," that the officer eviscerated the warning. Moreover, here, as in Rojas v. State, 235 Ga. App. 524, 527 (1) (509 SE2d 72) (1998), the fact that the warning did not advise McCabe that he could have additional "tests" performed is immaterial since McCabe did not opt to have any additional testing at all. Id.
In sum, the warning advised McCabe that: (1) State law required that he submit to State administered testing, (2) his refusal to submit to testing would result in suspension of his driver's license for a year and could be offered into evidence against him at trial; (3) test results of .10 grams or more could result in the suspension of his license for a year; and (4) after submitting to State testing, he was entitled to an additional chemical test of his choice at his own expense. See generally Morrissette v. State, 229 Ga. App. 420, 423 (2) (a) (494 SE2d 8) (1997). Because we find that warning at issue substantially complied with OCGA § 40-5-67.1 (b), we reverse. McGraw, 237 Ga. App. at 347.
Judgment reversed. Blackburn, P. J., and Barnes, J., concur.
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