The State v. Tan

Adams, Judge.

In this prosecution for driving under the influence, the trial court granted a certificate of immediate review to allow the State to appeal its order granting Fen Yue Tan’s motion to suppress the breath test slip from the Intoxilyzer 5000 and all testimony regarding the intoxilyzer. For the reasons set forth below, we reverse.

In considering the trial court’s grant of Tan’s motion to suppress, we apply a de novo review to the trial court’s application of the law to the facts

if the facts are stipulated, or if the critical facts do not depend on the testimony of witnesses who are…