Peters v. State

Andree Layton Roaf, Justice.

This DWI case raises one issue on appeal — whether Ark. Code Ann. § 5-65-206(d)(2), which requires the state to produce for cross examination the “person calibrating the [breathalyzer] machine” refers to the person who initially calibrates the machine or the officer who subsequently tests the calibration. The trial court found that production of the latter meets the requirements of the statute. We affirm.

Appellant was arrested on March 30, 1994 for his second DWI and for speeding. He failed all of the field sobriety tests and tested .15% on the breathalyzer at the…