People v. Schwab

The people appeal by leave granted from a circuit court order affirming the district court’s suppression of the results of two Breathalyzer tests given to defendant. The defendant was being prosecuted for operating a motor vehicle while under the influence of intoxicating liquor, MCL 257.625; MSA 9.2325.

Defendant was arrested at 1:25 a.m. Breathalyzer tests were administered at 3:27 a.m. and 3:38 a.m., 214 hours after defendant was first stopped by the police. Defendant moved to suppress the results and the district court granted the motion. The people sought leave to appeal in the circuit…