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Published by the Indiana Office of Court Services

State v. Lucas, No. 91A05-1003-CR-247, __ N.E.2d __ (Ind. Ct. App., Sept. 30, 2010)

October 7, 2010 Filed Under: Criminal Tagged With: Appeals, N. Vaidik

VAIDIK, J.
James G. Lucas was pulled over on suspicion of driving drunk. He failed two portable breath tests in the field. He then failed a B.A.C. Datamaster chemical breath test in jail less than twenty minutes later. Lucas was charged with operating while intoxicated, and he moved in limine to suppress the Datamaster test results. Lucas argued that according to Indiana’s chemical breath test regulations, Datamaster results are invalid if any foreign substance is placed in the test subject’s mouth within twenty minutes before the test is administered. Lucas claimed that the portable breath test mouthpiece was a “foreign substance” for purposes of the chemical breath test regulations. The trial court granted Lucas’s motion to suppress, and the State now appeals. We conclude that a portable breath test mouthpiece is not a foreign substance that will act to invalidate the results of a Datamaster.
MAY, J., and ROBB, J., concur.

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