State v. Stacey

The state appeals the circuit court’s suppression of a breathalyzer test administered to the defendant in connection with a charge of driving while under the influence of intoxicating liquor (DUIL).

Defendant was originally tried in district court, where he was charged with both DUIL and driving with .15 percent or more alcohol in the blood.

In the district court trial the police officer who administered the breathalyzer test to defendant testified erroneously concerning a certain light on the breathalyzer machine. As a result of this, defendant moved to withdraw the breathalyzer evidence from…