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DUI case: The State v. Youn

Case Summary for DUI Attorney George Creal: The State v. Youn


In the DUI case of The State v. Youn, the Court of Appeals of Georgia reversed a trial court decision that had granted Seung Youn's motion to suppress one of his breath samples. Youn had been stopped for failing to maintain his lane and was charged with DUI after a state-administered breath test. The contention revolved around whether the State exceeded the number of breath tests allowed under Georgia law, specifically OCGA § 40-6-392(a)(1)(B).

Key Facts
  • Youn was stopped on June 21, 2020, and administered three breath tests using the Intoxilyzer 9000 machine.
  • The tests produced three printouts: the first indicated an insufficient sample, the second a BAC of 0.121 but with a calibration error, and the third yielded BACs of 0.121 and 0.114.
  • Youn argued that only two sufficient samples are permissible under the statute, making the third test inadmissible.
Trial Court Decision
  • The trial court sided with Youn, ruling that the State had already obtained two sufficient samples before the third test, thus suppressing the BAC of 0.114 from the third test.
Court of Appeals Ruling
  • The appellate court reversed this decision, clarifying that OCGA § 40-6-392(a)(1)(B) allows the State to request "two sequential series of a total of two adequate breath samples each."
  • The court noted that the second test included only one sample, thus permitting the third test and its results under the statute. The parties agreed that the first test that resulted in an insufficient sample. The Court reasoned that the first test did not count because it was out of parameters even though there was no testimony on what that means.

Court of Appeals determined that the State did not exceed the statutory limit of breath tests, making the third test and its results admissible. This reversal underscores the importance of understanding the nuances in DUI testing regulations, a crucial aspect for any defense strategy in such cases.

This is important because unless there are two valid samples required to calculate a breath test result, then there is no breath test. The State frequently tries to admit a single sample as a test result when one is sufficient and the other test is not. This is a much more frequent outcome than a three breath test result situation. This case suggests that the State can't have it's cake and eat it too.

When facing a DUI charge, hiring an expert lawyer with extensive experience, such as Atlanta DUI attorneys George Creal, Eric Bernstein and Justin Goodman who boasts over 65 years in the field, is crucial. With decades of dedicated practice, George Creal, Jr. PC, Trial Lawyers brings unparalleled knowledge of DUI laws, courtroom procedures, and defense strategies. Their deep understanding of how to challenge evidence, navigate legal technicalities, pursuade judges and jurors and negotiate with prosecutors can significantly increase the chances of a favorable outcome. Additionally, their long-standing reputation and relationships within the legal community provide a strategic advantage, ensuring that clients receive the best possible defense

Contact Us Today

For a free consultation, contact the Law Offices of George Creal today on the web at or on the phone at (404) 333-0706. We are here to help you navigate the legal system and fight for your rights.


The information in this blog post is for general informational purposes only and should not be construed as legal advice. Please consult with an attorney to discuss your specific legal situation.