State v. Swenson

OPINION

COATS, Chief Judge.

Edwin J. Swenson is charged with felony driving under the influence. 1 On Swenson's motion, the superior court suppressed the evidence of Swenson's breath test result because the test was not administered on a breath test instrument that had been maintained in strict compliance with Department of Public Safety regulations. We granted the State's petition for review of that decision. We conclude that the State was entitled to a hearing to establish substantial compliance with the regulations, and that the superior court erred by granting the motion to suppress without…