Hanson v. Miller

In the instant case, the Circuit Court of Raleigh County ruled that evidence of the results of a breathalyzer machine1 analysis of a motor vehicle driver’s blood alcohol level that was based on a “one-sample” protocol met the evidentiary threshold of scientific reliability; and that the machine’s results were therefore admissible into evidence. We uphold this ruling.

I

Facts & Background

Recounting in detail the somewhat complex underlying factual and procedural situation is not necessary to our discussion and holding, and therefore we give only a brief summary. Luther Hanson, one of the…