State v. Rabusitz

Opinion of the Court by

LIM, P.J.

In this consolidated appeal (Nos. 26555 & 26556) Chester A. Rabusitz, Jr. (Defendant) appeals the two April 5, 2004 judgments of the District Court of the Third Circuit (district court) 1 which, respectively, convicted him of driving under the influence of alcohol (DUI) while under the age of twenty-one, 2 and found him liable for driving without headlights. 3

We reject Defendant’s thesis that the approval of a breath alcohol testing instrument, in this case the Intoxilyzer 5000EN, is subject to strict compliance with State Department of Health (DOH) rules.…