Further, Driver's objection concerning the calibration of the instrument was not sufficient to raise the issue of whether a proper observation period was conducted. Driver's failure to make a proper objection was the equivalent of making no objection, and as such, the breath test result should have been admitted, even if it could have been excluded by a proper objection. Absent a proper objection on this ground, any alleged deficiency in Director's compliance with the foundational requirement does not destroy the sufficiency of his case. Accordingly, we reverse the trial court's judgment on this point. In point two, Director argues the trial court erred in setting aside the revocation of Driver's driving privileges because he met his burden of proof of establishing a prima facie case, and Driver offered nothing in rebuttal.
Director urges the judgment be reversed and the revocation reinstated.
Upon review of the record, we find Director met the burden of proving a prima facie case. The uncontradicted evidence established Deputy Wild had probable cause to believe Driver had been driving while intoxicated. Deputy Wild testified that he observed Driver make an illegal left hand turn and after being stopped, Driver nearly fell while getting out of his car. Deputy Wild smelled intoxicants on Driver's breath and observed Driver sway as he walked. Deputy Wild further testified that Driver's speech was slurred and his eyes were bloodshot.