State v. Ofa

Defendant Moonga Ofa (Defendant) appeals his bench trial conviction of driving under the influence of intoxicating liquor (DUI) in violation of Hawai‘i Revised Statutes (HRS) § 291-4(a) (1985). Defendant contends that the district court abused its discretion by admitting into evidence the test result obtained from a breath-testing instrument, an intoxilyzer model 401 IAS bearing Serial No. 102374 (Intoxilyzer), because the State of Hawai‘i (State) failed to lay a proper foundation for its admission. We agree. Accordingly, we reverse the DUI conviction and remand the case with instructions to…