State v. Ybarra

OPINION

KENNEDY, Judge.

{1} In this DWI case, Defendant consented to a chemical test and provided one sample that resulted in a reported breath alcohol value. Because the officer believed that Defendant may have had physical difficulty completing the breath test, the officer terminated the test, and used the result of the single completed sample to prove Defendant’s intoxication. The applicable standard requires that a test subject be “physically incapable of consent” before the test may be terminated. Terminating a breath test and using the result from the single completed sample must be based…