State v. Remsburg

In this case we address what it means to “closely” observe a subject for fifteen minutes prior to administering the Intoximeter 3000 breath test. Our conclusion upholds the district court’s reversal, on an intermediate appeal, of a magistrate’s order suppressing the use of the test results in a criminal prosecution for driving while under the influence.

I

FACTS AND PROCEDURAL BACKGROUND

On March 1, 1992, Patrol Officer Phillip Campbell of the Lewiston Police Department stopped an automobile for expired license-plate registration. While speaking with the driver of the vehicle, Dawn Remsburg,…