People v. D.R.

OPINION OF THE COURT

Martin Marcus, J.

*606In this case the defendant was charged with aggravated driving while intoxicated (DWI) per se in violation of Vehicle and Traffic Law § 1192 (2-a), and related crimes.1 After a hearing conducted on October 31, 2008,1 denied the defendant’s motion to suppress the results of a breathalyzer test, finding that she had voluntarily consented to its administration. Based on the fact that the test was administered more than three hours after her arrest, the defendant moved for another pretrial hearing, this one to decide whether the test was relevant in…