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STATE v. MOYA

No. 04-93-00289-CR.

877 S.W.2d 504 (1994)

The STATE of Texas, Appellant, v. Dario MOYA, Jr., Appellee.

Court of Appeals of Texas, San Antonio.

June 1, 1994.

Attorney(s) appearing for the Case

Edward F. Shaughnessy, III, Asst. Cr. Dist. Atty., San Antonio, for appellant.

Joseph Acevedo, San Antonio, for appellee.

Before PEEPLES, LOPEZ and STONE, JJ.

OPINION

PEEPLES, Justice.

The State appeals an order granting defendant's motion to suppress the results of an intoxilyzer test. The defendant pleaded not guilty to the offense of driving while intoxicated. After a suppression hearing, the trial court concluded that the Breath Alcohol Testing Regulations, 37 TEX.ADMIN.CODE §§ 19.1-19.7 (West Supp.1993), required the operator to repeat the observation period after the intoxilyzer machine produced...

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