Lewis v. Commonwealth

OPINION

VANMETER, Judge.

In order for the results of a breath alcohol concentration (BAC) test to be admissible at trial, a proper foundation must be laid. The issue we must address in this case is whether certain testimony, that the Intoxilizer® 5000 (Intoxilizer) went through a “calibration check,” met the requirement of showing that an “alcohol simulator analysis” was conducted. 500 KAR1 8:080 § 1(2). As we hold that it did, we affirm the judgment of the Carroll Circuit Court, which upheld the DUI conviction of Jeremy Lewis.

Jeremy Lewis was arrested for driving under the influence in…