Hopper v. State

Beasley, Judge.

Defendant appeals his conviction of driving under the influence of alcohol. Held:

1. The defendant had an auto-intoximeter breath test and now contends that the trial court should have granted his motion to preserve and produce his breath sample.

The evidence of record establishes that the auto-intoximeter does not utilize a recoverable breath sample. The breath is simply blown into the machine and a reading is taken. No breath sample is retained. Thus, asking that it be preserved and produced, over four months after the test was administered, sought from the court the impossible.