¶1The state seeks review of a suppression order entered in a prosecution for driving under the influence of alcoholic beverages. The case is before this court upon certification by the county court pursuant to Fla.R. App.P. 9.030(b)(4)(B). We conclude that the court below erred by suppressing evidence of appellee’s refusal to submit to a breath test after arrest. See State v. Castillo, 528 So.2d 1221 (Fla. 1st DCA 1988); Rice v. State, 525 So.2d 509 (Fla. 4th DCA 1988). We therefore reverse the order appealed and remand the cause for further proceedings.
527 So. 2d 938
527 So.2d 938
13 Fla.L.Weekly 1529
State v. Crook
District Court of Appeal of Florida
Decided June 30, 1988
District Court of Appeal of Florida · decided 1988-06-30
Relies on 525 So. 2d 509 - Rice v. State · 528 So. 2d 1221 - State v. Castillo
Decided 1988-06-30