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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Jun 06 2008, 8:47 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: EDWARD A. McGLONE Terre Haute, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MARJORIE LAWYER-SMITH Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JAMES B. STEELE, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 77A01-0712-CR-578

APPEAL FROM THE SULLIVAN SUPERIOR COURT The Honorable Thomas E. Johnson, Judge Cause No. 77D01-0704-FD-32

June 6, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

James B. Steele appeals the trial court's denial of his motion to suppress evidence. Steele raises one issue, which we revise and restate as whether the trial court erred by denying his motion to suppress the results of his chemical breath test. We affirm. The relevant facts follow. On the evening of April 22, 2007, Steele was in a car accident. Sullivan County Sheriff's Department Deputy William Miller, who was

investigating the accident, called for another officer to handle the investigation because he and Steele were friends. Sullivan County Sheriff's Department Deputy Jerald Mize soon arrived at the accident scene and, after transporting Steele to the Sullivan County jail, administered a breath test using a certified BAC DataMaster instrument. The breath test indicated that Steele had a blood alcohol content of .22. The State charged Steele with: (1) Count I, operating a vehicle with an alcohol concentration equivalent of .15 or more as a class A misdemeanor; 1 and (2) Count IA, an enhancement of Count I, operating a vehicle with an alcohol concentration equivalent of .15 or more as a class D felony for a previous operating while intoxicated conviction. 2 Steele filed a motion to suppress the results of his chemical breath test arguing that Deputy Mize did not comply with the regulations of the Indiana State Department of Toxicology in administering the test. After a hearing, the trial court issued an order denying the motion. Steele filed a motion to certify the trial court's order for

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Ind. Code

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