State v. Spooner, 60 A.3d 640

April 30, 2011: defendant stopped for ignoring road closure due to high water; trooper detected alcohol and conducted preliminary tests
Taken to Bradford Police Department: DataMaster breath tests conducted; first reading 0.101 at 1:51–1:52 a.m.; subsequent readings included standard out of range and invalid sample messages
Fourth attempt yielded 0.109 BAC at 2:01 a.m.; defendant informed of right to independent test
State sought civil suspension under 23 V.S.A. §1205(h); final hearing held August 3, 2011
Defendant argued testing complied with rules and §1202(d)(5) second test was not properly administered
Trial court dismissed for failure to comply with testing protocol and lack of a reliable second test; State appealed and seeks reversal

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the second infrared test was conducted reliably under §1202(d)(5)	Says second test complied with rules; reliability presumed	Second test not conducted per DOH/Health manual; reliability undermined	Second test not reliable; failure to follow protocol deprived State of element
Whether a single reliable first test suffices for civil suspension	First test reliable enough to sustain suspension	Statutory scheme requires reliable second test; cannot rely on first alone	Statutory requirement of a reliable second test not met; cannot sustain suspension

State v. Anderson, 179 Vt. 43, 890 A.2d 68 (2005 VT) (civil suspension aims to protect public safety; review limited to specified issues)
In re Lunde, 166 Vt. 167, 688 A.2d 1312 (1997 VT) (statutory interpretation; avoid surplusage; review of statute meaning)
State v. Santaw, 189 Vt. 546, 12 A.3d 548 (2010 VT) (fact-finder credibility; standard of review for reliability findings)
State v. Vezina, 177 Vt. 488, 857 A.2d 313 (2004 VT) (criminal context; not controlling where civil-suspension element at issue)