State v. Johnston

¶1 This is an appeal by the State of Montana pursuant to § 46-20-103, MCA, from the District Court’s order suppressing the results of a breath test in a prosecution for driving under the influence of alcohol. We reverse.

BACKGROUND

¶2 Gavin Johnston was arrested for driving under the influence of alcohol on April 23, 2010. Johnston provided a sample of his breath to test for alcohol concentration, using a breath analysis instrument called the Intoxilyzer 8000. The result of that breath test showed that Johnston had a blood alcohol concentration of .12. In May, 2010 the State charged Johnston…