State v. JohnstonAnnotate this Case
Gavin Johnston was charged with driving under the influence of alcohol after the result of a breath test taken by a breath analysis instrument called the Intoxilyzer 8000 showed Johnston had elevated blood alcohol levels. The district court granted Johnston's motion to suppress the results of the breath test pursuant to State v. Gieser because the Intoxilyzer 8000 had not been field tested within a week of Johnston's arrest. On appeal, the Supreme Court reversed the district court's ruling, holding (1) the reference in Gieser to weekly field testing of breath analysis instruments was dicta and should not have been relied upon as authority as to how often breath analysis instruments must be field certified; and (2) the Intoxilyzer 8000 was properly certified as required by Mont. Admin. R. 23.4.213, which states that breath analysis instruments shall be field certified for accuracy at least once every thirty-one days.