State v. Sanchez

OPINION

BRAMMER, Judge.

¶ 1 The trial court dismissed one count of aggravated driving under the influence of intoxicating liquor (DUI) filed against appellee, Ramie Sanchez, finding that his due process rights had been violated because the machine used to test his breath was not scientifically valid or reliable, the state should have known that it did not meet the established state regulations for breath testing devices, and he did not waive his right to an independent test. The state appeals, arguing that Sanchez’s due process rights were not violated and that, even if they were, the trial…