The trial court denied our motion to suppress the results of a state-administered breath test for alcohol under Georgia’s implied consent law after we showed the trial court that our client’s questions reasonably could be construed, in light of the circumstances, to be an expression of a desire for an independent test (no independent test was given). We had a bench trial and appealed to the Georgia Court of Appeals. In a “whole court” decision, the Court of Appeals reversed the conviction for DUI per se and vacated the conviction for DUI less safe and remanded the case to the trial court for a new trial without the admission of the breath test results.