STATE v. EVANS (2023)

District Court of Appeal of Florida, Third District.

The STATE of Florida, Appellant, v. Brittany A. EVANS, Appellee.

No. 3D22-0809

Decided: August 16, 2023

Before SCALES, MILLER and BOKOR, JJ.

Ashley Moody, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellant. No appearance, for appellee.

Affirmed. Unruh v. State, 669 So. 2d 242, 245 (Fla. 1996) (approving suppression of breathalyzer test results as a proper sanction where the arrestee's right to an independent blood alcohol test has been frustrated by law enforcement's failure to render reasonable assistance to such person in obtaining the test); State v. Durkee, 584 So. 2d 1080, 1081, 1083 (Fla. 5th DCA 1991) (reinstating the suppression order of the county court and noting that Durkee, in addition to consenting to the breathalyzer test, “repeatedly” asked to have a blood test).

PER CURIAM.

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