Ishola v. State
Ishola v. State
Opinion of the Court
A jury found Olantunji Ishola guilty of driving with an alcohol concentration greater than 0.10 grams.
Ishola argues that the officer who tested him discarded an invalid breath test and did not wait the required 20 minutes for observation before giving a subsequent test, rendering the results invalid and the test inadmissible. In support of this argument, Ishola points to the testimony of a chemist familiar with the Intoxilyzer 5000 who testified that the breath test was improperly administered because Ishola was not seated and constantly observed for 20 minutes to see whether he burped, belched, or regurgitated thereby contaminating the breath test.
The jury was not required to believe the chemist’s testimony regarding a 20-minute sit-down requirement.
Therefore, the trial court did not err in admitting the breath test results.
Judgment affirmed.
OCGA § 40-6-391 (a) (5).
It was for the jury to assess the credibility of the witnesses. Butler v. State, 273 Ga. 380, 382 (1) (541 SE2d 653) (2001).
See Klink v. State, 272 Ga. 605, 607 (2) (533 SE2d 92) (2000) (State complied with 20-minute requirement where defendant was in custody for over 20 minutes).
(Punctuation and footnote omitted.) Bagwell v. State, 248 Ga. App. 806, 808 (1) (547 SE2d 377) (2001).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.