State v. Isbell, 17-08-08 (12-22-2008)

OPINION

{¶ 1} Defendant-Appellant, Justin M. Isbell, appeals from the judgment of the Sidney Municipal Court sentencing him to a three-day jail term, ordering a $250 fine, and imposing a one hundred eighty-day driver's license suspension. On appeal, Isbell argues that the trial court erred in denying his motion to suppress the results of his breath test because the State failed to prove substantial compliance with the Ohio Department of Health ("ODH") regulations requiring that the breath machine operator follow the manufacturer's operating instructions to not direct the subject to "blow hard"…