State v. Sweeney

The state appeals from an order dismissing this DUII case. The order was entered after the court suppressed the results of an Intoxilyzer test on the ground that the evidence card was not signed by the Intoxilyzer operator. We reverse.

Officers Walker and Zaugg arrested defendant for driving under the influence of intoxicants. Defendant consented to an Intoxilyzer test. Both officers are certified to administer the test. While Zaugg observed defendant for the required pre-test period, Walker prepared the Intoxilyzer. Walker administered the test, which showed a blood alcohol level of .16…