People v. Dunnigan

Each of the defendants involved in these two cases was charged with driving under the influence of alcohol. Each filed a motion to exclude or suppress the results of his or her breathalyzer exam, based on People v. Morris, 301 Ill. App. 3d 603, 703 N.E.2d 923 (1998), alleging that the instrument used to test their breath, the Intoxilyzer 5000, was not operated in conformity with the Illinois Administrative Code. In each instance, the defendant’s motion was granted. The State appeals, contending the trial court erred in excluding and suppressing the test results. We agree and therefore reverse.