State v. McVay

*314YOUNG, J.

The state appeals from a pretrial order suppressing evidence of the results of an Intoxilyzer test, because the test operator failed to observe defendant during the 15-minute pre-test period and there was no factual basis to enable the operator to “make certain” that the pre-test requirements had been met. We affirm.

Officer Nafziger arrested defendant for driving under the influence of intoxicants. He took defendant to jail, where there was an Intoxilyzer for breath testing purposes. Nafziger did not have his operator’s checklist with him, and he asked the jailer to observe defendant…