State v. Hagen

Ricky Hagen appeals from the judgment and sentence of the Fifth Judicial District Court, Jefferson County, where a jury found him guilty of driving under the influence of alcohol in violation of § 61-8-401, MCA. We affirm.

Hagen raises three issues on appeal:

1. Was Hagen’s breath alcohol concentration obtained by an improperly calibrated intoxilyzer?

2. Were Hagen’s due process rights violated through the introduction of evidence obtained by an improperly calibrated intoxilyzer?

3. Is there sufficient evidence to support Hagen’s conviction?

BACKGROUND

On June 29,1995, Jefferson County Jailer David…