State v. Swindell

OPINION

Justice GOLDBERG,

for the Court.

In this case, the Supreme Court is called upon, yet again, to determine whether evidence of a suspected drunk driver’s blood alcohol concentration, as measured by a chemical analysis of the driver’s breath, is admissible in a criminal prosecution based on an allegation that the equipment used to conduct the test was not tested for accuracy in accordance with methods approved by the state Department of Health (DOH). The defendant, Christopher Swin-dell (defendant), appeals from a judgment of conviction for driving under the influence of alcohol (DUI). The…