State v. Benson

The opinion of the court was delivered by

Johnson, J.:

Daniel A. Benson seeks review of the Court of Appeals’ decision affirming his conviction and sentence for felony DUI. Benson’s primary argument is that the district court violated his right of confrontation under the Sixth Amendment to the *1062United States Constitution by admitting into evidence the certificate of calibration for the Intoxilyzer 5000 machine used to determine the level of alcohol in Benson’s breath. Benson contends that the Confrontation Clause required that the person who completed the certificate had to testify in person at…