Gengler v. State

OPINION

MANNHEIMER, J.

James J. Gengler was charged with driving while intoxicated. At Gengler’s trial, the State relied on the result of an Intoximeter test (ie., a breath test) that was administered to Gengler following his arrest.

Under regulations promulgated by the Department of Public Safety, the calibration of every breath test machine used in Alaska must be verified at least every 60 days. 1 The calibration of the Intoximeter machine used to test Gengler’s breath had been verified at regular intervals prior to Gengler’s test; but, following Gengler’s test, the police failed to verify the…