State v. Peterson

Defendant was convicted of driving while under the influence of intoxicating liquor (DWI). He appeals, contending evidence of the Breathalyzer test was improperly admitted. The issue raised is whether the State should be required to prove that the Breathalyzer machine was tested and calibrated both before and after the test in order to meet the foundation requirements for admission into evidence of Breathalyzer test results. We hold that proof of compliance with WAC 448-12-015 satisfies the foundation requirement for Breathalyzer tests. We affirm.

I

Defendant Peterson was arrested on November…