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State v. Gaggini

The trial court erred in excluding the defendant's Intoxilyzer breath test results, since the officer read the appropriate implied consent warning to the defendant.

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The state appeals from a trial court order granting Alexandra Gaggini’s motion to suppress the results of an Intoxilyzer 5000 breath test obtained at the time of her arrest for unlawfully stopping, standing, or parking on a roadway, and driving under the influence. After her arrest, the state filed an accusation charging Gaggini with driving under the influence of alcohol with an unlawful blood-alcohol concentration “DUI per se”,1 driving under the influence of alcohol to the extent that it was less safe for her to drive “DUI less safe”,2 and improper stopping, standing, or parking on a roadway.3 The state contends that the trial court erred in excluding the Intoxilyzer test results because the arresting officer properly read the appropriate implied consent warning. As to the DUI per se charge, the state contends that the trial court erred in basing its ruling, in part, on a finding that there was no admissible evidence that Gaggini had driven within three hours of consuming alcohol. We agree with the state and reverse.

In cases involving the review of the grant of a motion to suppress or motion in limine, we must construe the evidence most favorably to uphold the findings and judgment of the trial court, and that court’s findings as to disputed facts and credibility must be adopted unless clearly erroneous. Where the evidence at a hearing on the motion is undisputed and no question regarding the credibility of witnesses is presented, we review the trial court’s ruling to ensure that there was a substantial basis for it. The trial court’s application of the law to undisputed facts is subject to de novo review.4

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