State v. Booth

The State appeals the order of the circuit court suppressing the results of a breathalyzer test administered to defendant Randy Booth. The suppression order was based upon the circuit court’s finding that the ampoule used in the breathalyzer test constituted material evidence and that its destruction by the State denied defendant his constitutional right to due process of law. We agree and affirm the suppression order.

On August 23, 1978, the defendant was arrested for operation of a motor vehicle while under the influence of an intoxicant. A breathalyzer test administered shortly thereafter…