Utah Court of Appeals

Can administrative violations require suppression of DUI breath test evidence? State v. Garcia Explained

1998 UT App
No. 970443-CA
July 16, 1998
Reversed

Summary

Garcia was charged with DUI after a breath alcohol test. The officer conducting calibration tests recorded reference sample results as “OK” rather than to three decimal places as required by administrative regulation. Garcia moved to suppress his breath test results based on this regulatory violation.

Analysis

The Utah Court of Appeals addressed the consequences of regulatory violations in DUI breath testing procedures in State v. Garcia, examining when administrative code violations warrant suppression of evidence versus merely eliminating statutory presumptions.

Background and Facts

Garcia was cited for DUI after a breath alcohol test using an Intoxilyzer instrument. Highway Patrol Trooper Hathcock regularly conducted calibration tests using known reference samples to ensure instrument accuracy. However, instead of recording the actual numerical results to three decimal places as required by Utah Administrative Code Rule 714-500, Trooper Hathcock recorded the results simply as “OK,” indicating his opinion that results fell within acceptable margins. Garcia moved to suppress his breath test results, arguing this recording method violated administrative regulations.

Key Legal Issues

The court addressed two primary questions: First, whether Rule 714-500’s three-decimal-place recording requirement applied to reference sample tests used for instrument calibration. Second, if a violation occurred, whether the appropriate remedy was complete suppression of evidence under due process principles or merely elimination of the statutory presumption available under Utah Code § 41-6-44.3.

Court’s Analysis and Holding

The court applied correctness review to the statutory interpretation issue. Examining Rule 714-500’s structure, the court found that subsection 6D(6) requiring three-decimal-place recording for “all analytical results” applied to both arrestee test results and reference sample calibration tests. The rule’s organization—placing the recording requirement immediately after calibration testing provisions—indicated the requirement applied equally to both types of tests.

However, the court rejected Garcia’s argument for complete suppression. Under California v. Trombetta, due process violations require both apparent exculpatory value and unavailability of comparable evidence through other means. The “OK” notation actually allowed Garcia to argue the maximum allowable deviation, potentially more favorable than the actual numerical results. Additionally, Utah Code § 41-6-44.3 does not mandate exclusion for regulatory violations—it merely defines when statutory presumptions apply.

Practice Implications

This decision clarifies that administrative violations may eliminate statutory presumptions without requiring complete evidence suppression. Prosecutors must then establish instrument accuracy through traditional foundational testimony rather than documentary evidence. Defense attorneys should focus on whether regulatory violations prevent presumptions rather than seeking outright exclusion, while carefully examining calibration records for compliance with specific administrative requirements.

Original Opinion

Link to Original Case

Case Details

Case Name

State v. Garcia

Citation

1998 UT App

Court

Utah Court of Appeals

Case Number

No. 970443-CA

Date Decided

July 16, 1998

Outcome

Reversed

Holding

A law enforcement officer’s recording of breath alcohol test calibration results as “OK” rather than to three decimal places violates administrative regulations and precludes the State from invoking statutory presumptions of test validity, but does not require suppression of the evidence entirely.

Standard of Review

Correctness for questions of statutory construction

Practice Tip

When challenging breath test evidence, carefully examine whether law enforcement complied with specific administrative code recording requirements, as violations may eliminate statutory presumptions even if the evidence remains otherwise admissible.

Need Appellate Counsel?

Lotus Appellate Law handles appeals before the Utah Court of Appeals, Utah Supreme Court, California Court of Appeal, and the United States Court of Appeals for the Tenth Circuit.

Related Court Opinions

    • Utah Court of Appeals

    State v. In

    December 14, 2000

    Under Utah Code section 76-10-503(3)(a)(i), a person is ‘convicted’ of a felony upon entering a guilty plea, not upon entry of judgment at sentencing.
    • Appellate Procedure
    • |
    • Constitutional Rights
    • |
    • Statutory Interpretation
    Read More
    • Utah Court of Appeals

    Atcitty v. Board of Education

    November 5, 1998

    A student’s due process rights are satisfied when school officials provide informal opportunities for the student to discuss allegations and explain their side of the story before suspension, even when the student refuses to participate.
    • Appellate Procedure
    • |
    • Constitutional Rights
    • |
    • Due Process
    • |
    • Summary Judgment
    Read More
About these Decision Summaries

Lotus Appellate Law publishes these summaries to keep practitioners informed — not as legal advice. Each case turns on its own facts. If a decision here is relevant to your matter, we’re happy to discuss it.