State v. Tenney
2012 Ohio 3290
Ohio Ct. App.2012Background
- Tenney was stopped for erratic driving and arrested for OVI; he was transported to Kettering Police Department where a BAC breath test was administered by a certified operator; the test showed BAC above the legal limit; Tenney moved to suppress the breath-test result claiming the 20-minute oral-intake observation was not proven; the municipal court suppressed the breath-test result due to lack of substantial compliance; the state appealed challenging the suppression and arguing substantial compliance was proven; the appellate court held substantial compliance was shown and the breath-test result admissible on de novo review of the legal standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved substantial compliance with the oral-intake 20-minute observation. | Tenney (State) contends 20 minutes observed; no ingestion. | Tenney challenges sufficiency of observation. | Yes; substantial compliance proven; breath-test admissible. |
| Whether Tenney’s burp renders the test inadmissible or only affects weight/reliability. | State argues burp does not negate substantial compliance. | Tenney argues burp could contaminate result. | Burp does not render admissibility void; weight/reliability may be challenged. |
| Whether the observer need be a certified breath-test operator. | Not necessary; observation is to prevent oral intake. | Certification not required for observation. | Observer need not be certified; observation satisfied. |
Key Cases Cited
- State v. Massie, 2008-Ohio-1312 (2d Dist. Greene No. 2007 CA 24) (breath-test admissibility; burp impact on reliability permissible as weight)
- State v. Burnside, 2003-Ohio-5372 (Ohio Supreme Court) (substantial compliance suffices; burden-shifting framework)
- Bolivar v. Dick, 76 Ohio St.3d 216 (1996) (oral-intake observation focus on preventing oral intake; not require certified observer)
- State v. Luke, 2006-Ohio-2306 (10th Dist.) (burp/air in breath test; admissibility as to weight)
- Adams, 73 Ohio App.3d 735 (2d Dist.) (foundation for substantial compliance; ingestion during 20-minute period)