State v. Albright

ON PETITION TO TRANSFER

GIVAN, Justice.

In an opinion reported at 622 N.E.2d 995, the Court of Appeals affirmed the trial court's order granting appellee's motion to suppress the results of an Intoxilyzer test. They held that the administration of the third Intoxilyzer test was commenced within the twenty minute observation period in violation of Ind.Admin.Code tit. 260, r. 1.1-4-4(1) (1998).

Judge Shields wrote a dissenting opinion in which she concluded that the administration of the Intoxilyzer test was given more than twenty minutes after the observation period and therefore the court should…