CURRY v. STATE

No. 87-1.

522 So.2d 887 (1988)

Mark Well CURRY, III, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 6, 1988.


Attorney(s) appearing for the Case

Noel A. Pelella and Alan T. Lipson of Essen & Essen, P.A., Miami, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Acting Chief Judge.

The issue we address in this opinion is whether the Intoxilyzer, a device which determines the blood alcohol content of a person's breath, performs a chemical test within the meaning of chapter 316, Florida Statutes (1985).

On December 2, 1985, the defendant was arrested and was charged with driving under the influence of an alcoholic beverage (D.U.I.). Approximately one hour after his arrest, he voluntarily submitted to a breath...

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