State v. Floyd

DELL, Judge.

The State of Florida appeals from an order granting a motion to suppress results of a breathalyzer test.

Appellee struck a swimmer while operating his boat off Singer Island. A Florida Marine Patrol officer stated that when he arrived at the scene he smelled the odor of alcohol on appellee’s breath and saw numerous empty beer cans on the boat. Fifteen minutes after the mishap three other Marine Patrol officers arrived on the scene but did not notice any alcohol on appellee’s breath. The officers gave appellee permission to move his boat from Singer Island Beach through the Lake…