State v. Montoya

OPINION

PICKARD, J.

{1} In State v. Gardner, 1998-NMCA-160, ¶ 9, 126 N.M. 125, 967 P.2d 465, this Court held that compliance with the twenty-minute observation requirement stated in the Department of Health Regulations was a prerequisite to admissibility of breathalyzer test results. In this case, the question we address is whether the result of the breath alcohol test administered to Defendant is admissible when the breathalyzer machine is calibrated within seven days immediately preceding the test, but the subsequent calibration was not done within the seven-day period prescribed by…