State v. Shivers

OPINION OF THE COURT BY

TANAKA, J.

Defendant Samuel Robert Shivers (Defendant) appeals his conviction of driving under the influence of intoxicating liquor (DUI) on grounds that the circuit court erred in denying his motion to suppress the Intoxilyzer1 test result. He claims that since the operator of the Intoxilyzer was unqualified under Chapter 111 of Title 11 of the Hawaii Administrative Rules (Rules),2 the test result should have been suppressed. We disagree and affirm.

*498On September 10, 1985, Police Sergeant William K.C. Ching, Jr. (Ching) conducted the Intoxilyzer test on Defendant who had…