State v. Vannoy

OPINION

CONTRERAS, Judge.

In this case, we decide whether the state must provide a breath sample to a defendant charged with driving under the influence of alcohol when the defendant has given a deficient sample in the breath test, but the state still uses the test results at trial. Defendant David Allen Yannoy was convicted following a jury trial of one count of aggravated driving under the influence of alcohol, a class 5 felony. He appeals from his conviction and from the trial court’s order suspending imposition of sentence and placing him on probation for three years. He raises the…