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STATE v. BARRETT

No. 86-981.

508 So.2d 361 (1987)

STATE of Florida, Appellant, v. Raymond BARRETT, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 30, 1987.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for appellee.

ORFINGER, Judge.

We affirm the order of the trial court suppressing the results of a pre-arrest breath test on the ground that the results of a chemical test of a driver's breath to determine the alcohol content of his blodd are admissible in evidence only where the test is incidental to a lawful arrest. § 316.1932(1)(a), Fla. Stat. (1985). The results of a pre-arrest breath test are not admissible into evidence in any civil or criminal proceeding. § 316...

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