State v. Dart

These are consolidated appeals in which the state seeks reversal of the trial court’s orders suppressing evidence of Intoxilyzer test results against defendants, who are charged with DULL Defendants advance a number of arguments for sustaining the orders, the thrust of which is that the Intox-ilyzer Model 4011A used by the state does not comply with and was not approved for use in accordance with applicable statutory and regulatory requirements. None of those arguments has merit. We hold that Intoxilyzer Model 4011A and the method by which its use was authorized satisfy all requirements of…