Erickson v. Director, North Dakota Department of Transportation

SANDSTROM, Justice.

We are asked to decide, for purposes of driving under the influence and actual physical control cases, if the State Toxicologist must certify the blood testing equipment in his laboratory is “in good working order.” We conclude such specific certification is not required to establish foundation for admission of blood test results.

The Director of the Department of Transportation suspended Dwight Erickson’s driving privileges for being in actual physical control of a motor vehicle while under the influence of alcohol. The district court reversed holding the Director’s…