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People v. Riggs10/26/1981
light absorption is then measured and results in a reading of the blood alcohol content of the breath sample. Upon completion of the analysis, the breath sample is pumped through a tube containing silica gel. The silica gel acts as a chemical absorbent which absorbs the alcoholic content of the breath sample. The tube containing the gel is preserved for later testing and is available for use by defense experts. See R. Erwin, Defense of Drunk Driving Cases § 24A.01 (3d ed. 1981).
Our holding in Garcia was dictated by the destructive testing methods which were before us in that case. The intoxilyzer, however, does not destroy the alcoholic content of a breath sample in the course of analysis. The method of preservation of the alcoholic contents of a breath sample utilized in the intoxilyzer test meets the requirements of Garcia.
Accordingly, we reverse the suppression orders in People v. Riggs, People v Hernandez, and People v. Turner, and remand to the district court with instructions to return the cases to the county court for trial on the merits consistent with the views expressed in this opinion.
Disposition
JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS
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