State v. Hilton

CURETON, A. J.

This appeal arises from Michael Hilton’s indictment for one count of felony driving under the influence resulting in a death and one count of felony driving under the influence resulting in great bodily injury. Prior to trial, the circuit court suppressed the results of a breathalyzer test. On appeal, the State argues the circuit court erred by (1) retroactively applying a statutory change to the implied consent statute and *583excluding the results of Hilton’s breath alcohol test and (2) finding either Hilton’s breath test was not conducted within the two-hour time limit or Hilton…