State v. Carlos Adrian Cruz-Romero

GUTIERREZ, Judge.

Carlos Adrian Cruz-Romero appeals from his judgment of conviction for felony driving under the influence. Romero argues that the district court erred by granting the State’s motion in limine to exclude evidence that the Intoxilyzer machine used to test his breath-alcohol content was not working properly. For the reasons set forth below,- we vacate Cruz-Romero’s judgment of conviction.

I

FACTUAL & PROCEDURAL BACKGROUND

' Police arrested Cruz-Romero on April 27, 2014, for driving under the influence. At the jail, police administered a breathalyzer test, which returned results of…