Clawson v. State

RIDGELY, Justice.

David E. Clawson appeals from his convictions for driving under the influence under 21 Del. C. §§ 4177(a)(1) and (a)(5). 1 Clawson challenges the admission of the intoxilyzer test result into evidence and advances a bright line rule that the operator of the intoxilyzer machine must complete the twenty minute observation period required by the manufacturer before inserting the intoxilyzer card into the machine.

We have concluded that the test result was inadmissible in this case because there was insufficient evidence in the record to meet the foundation requirement that…