State v. McClary

The state appeals a pretrial order of the district court suppressing evidence of the results, of a breathalyzer test in a driving under the influence of intoxicants case. The accuracy of the particular Intoxilyzer used and the officer’s qualifications to operate it are not challenged. The only issue is whether the officer properly conducted the test. We reverse and remand.

In administering the test, the officer followed all of the steps delineated in the “Intoxilyzer Operator’s Check List,” and he so marked the appropriate boxes on the list. The digital printout of the Intoxilyzer’s analysis…