State v. Poitras

¶1 Casey James Poitras appeals from an order of the Fourth Judicial District Court, Missoula County, denying Poitras’s motion to suppress the results of his breath test. Poitras was arrested for suspicion of driving under the influence of alcohol and provided a breath sample on an Intoxilyzer 8000. In Justice Court, Poitras moved to bar the admission of the results of his breath sample on the basis that insufficient foundation existed to conclude that the instrument and the instrument operator were properly recertified pursuant to various sections of the Administrative Rules of Montana. The…