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STATE v. RELYEA

No. 20100077-CA.

288 P.3d 278 (2012)

2012 UT App 55

STATE of Utah, Plaintiff and Appellant, v. Randall Matthew RELYEA, Defendant and Appellee.

Court of Appeals of Utah.

February 24, 2012.

Attorney(s) appearing for the Case

Mark L. Shurtleff and Jeffrey S. Gray , Salt Lake City, for Appellant.

Douglas J. Thompson , Provo, for Appellee.

Before Judges McHUGH, DAVIS, and ROTH.

OPINION

McHUGH, Presiding Judge:

¶ 1 The State of Utah appeals from an interlocutory order granting the defense's motion to suppress breath alcohol concentration results from an Intoxilyzer 8000 machine (Intoxilyzer). The State argues that the trial court erred in ruling that a foundational requirement for the admission of Intoxilyzer results, a fifteen-minute observation period, was not satisfied. In the alternative, the State contends that the trial...

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