Fazio v. State

Summary

The court affirmed Fazio’s convictions and rejected his challenges to the admission of breath-test results. It held that a warrantless breath test may be obtained as a search incident to arrest and that the implied-consent notice is not facially coercive or misleading in violation of due process. The court declined to review Fazio’s compelled-self-incrimination claim because he failed to raise it in the trial court, while noting that the claim would fail even if preserved.