Legal Topics

Criminal law — Driving under influence — Evidence — Breath test — Substantial compliance with administrative rules

Feb 05th, 2019 in News by admin

Criminal law — Driving under influence — Evidence — Breath test — Substantial compliance with administrative rules — Admissibility of single breath test result —

Where state obtained only one breath test result although administrative rule requires minimum of two breath samples within .020g/210L of each other, but state presented uncontroverted evidence that test was properly administered and that breath test instrument on which test was performed was reliable, state may introduce single test result at trial — State’s motion in limine is granted