State v. Giangrande

OPINION OF THE COURT

FLEET, J., Circuit Judge.

THIS CAUSE comes before the Court upon the appeal of the lower court’s decision granting Appellee’s Motion to Suppress breath test *68results. Appellee was charged by Informaton on June 1, 1988, with driving a vehicle while under the influence of alcoholic beverages to the extent his normal faculties were impaired in violation of section 316.193(1) and (4), Fla. Stat. (1987).

After the Defendant was arrested, two breath tests were administered with the Intoxilyzer 5000. Defendant’s first breath sample registered a blood alcohol content of .218.…