State v. Dart

We address the issue whether the results of breath tests to determine blood alcohol content (BAC) were properly-excluded by the district court judge because the breath alcohol testing instruments allegedly were not properly certified according to state law. The trial court granted defendants’ motions to suppress 1 because the court concluded that the instruments were not properly certified. The Court of Appeals reversed the trial court. State v. Dart, 87 Or App 124, 741 P2d 538 (1987). We affirm the decision of the Court of Appeals.

Defendants were charged with driving under the influence of…