State v. Burack

A jury found the defendant guilty of operating a motor vehicle with a blood alcohol level in excess of .10 per cent, in violation of 28 V.S.A. § 1201. He attacks the conviction on an evidentiary issue.

His blood alcohol level was testified to be based on an analysis of his breath by a testing device known as a gas chromatograph. The breath sample was collected for testing by a device called a crimper, operated in this case by a state police officer.

The position of the defendant is that the results of the test should have been excluded because the prosecution failed to lay a proper foundation…