State v. Castillo

WENTWORTH, Judge.

The state seeks review of a suppression order entered in a prosecution for driving under the influence of alcoholic beverages. The case is before this court upon certification by the county court pursuant to Fla.R. App.P. 9.030(b)(4)(B). We conclude that the court below erred by suppressing evidence of appellee’s refusal to submit to a breath test after arrest, and we therefore reverse the order appealed.

Appellee was stopped by a law enforcement officer who indicated that he suspected appellee of driving under the influence of alcoholic beverages. The court below found that…