The accused was charged with Blow Over 80 after being stopped for erratic driving.
The accused challenged the lawfulness of the roadside breath demand and the subsequent Intoxilyzer tests, arguing that the officer lacked reasonable suspicion, that the roadside instrument's calibration was uncertain, and that the tests were not taken as soon as practicable.
The trial judge found that the officer had reasonable suspicion based on observed driving behavior, smell of alcohol, and the accused's admission of consuming beer.
The judge found the officer's belief that the roadside instrument was properly calibrated and functioning was objectively reasonable.
The judge also found that the tests were taken as soon as practicable within 51 minutes of the initial stop.
The accused was found guilty.