State v. Burnett

¶ 1. Defendant appeals the civil suspension of his driver’s license and the admission of the breath-test results in his crimin.1 prosecution for driving under the in.1uence of intoxicating liquor (DUI). Defendant contends that because the test results *280were obtained after the testing machine registered a “fatal error,” the breath-test an.1ysis did not meet the requisite performance standards, and thus the necessary foundation for admissibility was not laid. We affirm the court’s decision denying suppression in the crimin.1 case, and reverse and remand the civil suspension.

¶ 2. On December 4,…