State of Tennessee v. John Whittington

The defendant, John Whittington, entered a plea of guilty to driving under the influence, third offense. The trial court imposed a sentence of eleven months and twenty-nine days to be suspended to probation after the service of 120 days of confinement. As part of the plea agreement, the
defendant reserved a certified question of law pursuant to Rule 37(b)(2)(i) of the Tennessee Rules of Criminal Procedure. The stated question is "whether belching during the [twenty] minute observation period invalidated the results of the breath test." The judgment is affirmed.