Following a bench trial, Guy Scheipers was found guilty of having a blood alcohol concentration of 0.10 grams or more within three hours after driving or being in actual physical control of a vehicle. See OCGA 40-6-391 (a) (5). Scheipers contends in his sole enumeration of error that there is insufficient evidence to support his conviction because the machine used to test his breath has a 0.010 margin of error. We disagree and affirm his conviction. The evidence shows that Scheipers was given a breathalyzer test on an Intoximeter 5000 machine following his arrest for driving under the influence. The first sample revealed a 0.101 blood alcohol concentration. The second sample, which was taken two minutes later, showed a blood alcohol concentration of 0.103. Scheipers argues that his conviction cannot rest upon these test results because the Intoximeter 5000 machine has a margin of error of 0.010. Scheipers made this argument below, and the trial court acknowledged that his "true blood alcohol reading could have been a 0.111 just as well as it could have been a 0.093." Nonetheless, the trial court found Scheipers guilty of having a blood alcohol concentration of 0.10 grams or more within three hours after driving or being in actual physical control of a vehicle. OCGA 40-6-391 (a) (5). We find these test results sufficient to support Scheipers' conviction. See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Lanier v. City of Manchester, 205 Ga. App. 597 (423 SE2d 30) (1992); Newton v. State, 191 Ga. App. 664 (382 SE2d 432) (1989). A breathalyzer machine's margin for error relates "to the weight rather than the admissibility of breathalyzer results." Lattarulo v. State, 261 Ga. 124, 126 (3) ( 401 SE2d 516) (1991). "[T]he weight to be given the various evidence is exclusively an issue for resolution by the factfinder." Jones v. State, 226 Ga. App. 608, 609 ( 487 SE2d 89) (1997). Accordingly, we cannot say that the trial judge erred in this case. Gerald N. Blaney, Jr., Solicitor, Jeffrey R. Kwiatkowski, Assistant Solicitor, for appellee. |