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State v. Abdereazeq6/18/1996
fendant submitted to chemical analysis of his breath by an Intoxilyzer 5000 which established his alcohol concentration was 0.08. Id. At trial, defendant filed a motion to suppress the result of the Intoxilyzer 5000 test on the ground the charging officer, rather than another officer, advised defendant of his rights under section 20-16.2(a). Oliver, No. 378PA95, slip op. at 2-3.
The Supreme Court, construing section 20-16.2(a), concluded "that the legislature intended to permit a qualified arresting officer to notify defendant of his rights, orally and in writing, regarding a chemical analysis of the breath . . . ." Oliver, No. 378PA95, slip op. at 15. "Indeed, logic dictates that if an arresting officer is duly qualified and authorized to administer a chemical analysis of the breath, such arresting officer should also be duly qualified to notify defendant of his rights regarding that test, and a defendant's rights cannot be impaired by such notification." Id.
Likewise, in the present case, the charging officers, each certified chemical analysts, advised the defendants of their statutory rights. Therefore, under Oliver, we find no procedural defect in the notification defendants received regarding their statutory rights. Accordingly, we reverse the trial court's orders granting defendants' motions to suppress and remand for further proceedings consistent with this opinion.
Reversed and remanded.
Judges JOHNSON and LEWIS concur.
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