Criminal law — Driving under influence — Evidence — Breath test — Incident to arrest — Defendant was under lawful arrest for fleeing and eluding, an offense committed while defendant was driving and, accordingly, request for breath test was “incidental to lawful arrest” as that term is used in statute — However, based on officer’s testimony, there was not reasonable cause or probable cause to believe defendant was driving under influence of alcoholic beverages to the extent his normal faculties were impaired prior to request for breath test — Motion to suppress breath test results granted

Criminal law — Driving under influence — Evidence — Breath test — Incident to arrest — Defendant was under lawful arrest for fleeing and eluding, an offense committed while defendant was driving and, accordingly, request for breath test was “incidental to lawful arrest” as that term is used in statute — However, based on officer’s testimony, there was not reasonable cause or probable cause to believe defendant was driving under influence of alcoholic beverages to the extent his normal faculties were impaired prior to request for breath test — Motion to suppress breath test results granted