Defendant was arrested for DUI and agreed to breath test. After the first test a the breath testing machine indicated "slope not met." Normally the administrative rule providing that a second 20-minute observation period is not required before administering subsequent “sample” did not alleviate need to conduct second observation period before administering second breath test after first test generated “slope not met” message. As a result of the State's failure to conduct a second 20-minute observation period the Defendant's Motion to suppress was granted. 

Read the Opinion Below: