State v. Tierney

After a trial by jury in district court, the defendant was convicted of being under actual physical control of a motor vehicle while under the influence of intoxicating liquor. 23 V.S.A. § 1201(a)(2). Defendant’s sole claim of error on appeal is the denial of his motion to suppress the results of the breath test.

Section 1202(a) of Title 23 states in relevant part:

A sample of breath shall be taken only by a law enforcement officer who has been certified by the department of public safety to operate a field sample gathering device for the gas chromatograph intoximeter whenever a state police…