Herter v. State

OPINION

BRYNER, Chief Judge.

Following a jury trial, Gary L. Herter was convicted of driving while intoxicated (DWI), in violation of AS 28.35.030. Herter appeals, arguing that the trial court erred in admitting the results of his Intoximeter test. Alternatively, he argues that the court committed error in instructing the jury concerning the statutory presumption applicable to his breath test result. We affirm.

Prior to trial, Herter moved to suppress the evidence of his Intoximeter test results, arguing that the state had failed to comply with regulations governing Intoximeter testing. AS…