Motor Vehicle Administration v. Lytle

HARRELL, Judge.

I

Respondent in this case, Michael Patrick Lytle, was arrested for Driving While Intoxicated (DWI) and administered a breathalyzer test. The relevant statutory provisions establish a rebuttable presumption that the test results generated by certain breath test instruments administered by trained test technicians are accurate. That presumption may be rebutted at an administrative evidentiary hearing by a showing that the specific instrument used to measure the subject’s breath was malfunctioning at the time of testing or that human error caused the test to generate an inaccurate…