State v. Crabtree

Sievers, Chief Judge.

In these separate but consolidated appeals, Curtis Crabtree, Lori L. Harwick, and Deanna L. Hinkley each appeal from their convictions for operating a motor vehicle while under the influence, in violation of Neb. Rev. Stat. § 39-669.07 (Cum. Supp. 1992). The issue on appeal is the same in each case. The defendants argue that the results of their breath tests should have been suppressed because the tests were administered with the Intoxilyzer Model 401 IAS, which does not perform a “chemical test” as required by statute. For the reasons cited below, we affirm.

PROCEDURAL…