District Court of Appeal of Florida August 12, 1987, No. 87-0298 (State v. Floyd)

DELL, Judge.

The State of Florida appeals from an order granting a motion to suppress results of a breathalyzer test.

Appellee struck a swimmer while operating his boat off Singer Island. A Florida Marine Patrol officer stated that when he arrived at the scene he smelled the odor of alcohol on appellee’s breath and saw numerous empty beer cans on the boat.