State v. Underwood

SEARS, Chief Justice.

In 2005, Matthew R Underwood was pulled over, placed under arrest, and read the statutory implied consent warning. Underwood consented to drug and alcohol testing but later moved to suppress the unfavorable results at trial. The trial court granted Underwood’s suppression motion, and the Court of Appeals affirmed the trial court’s judgment. We granted the State’s petition for certiorari to answer the following question:

Did the Court of Appeals err in affirming the grant of a defendant’s motion to suppress the results of a State-administered breath test where an officer…