State v. Poitras
Annotate this CaseDefendant was arrested for suspicion of driving under the influence of alcohol or drugs (DUI). As part of the DUI investigation, Defendant provided a breath sample on an Intoxilyzer 8000. Defendant moved to bar the admission of the results of his breath sample, asserting that insufficient foundation existed to conclude that the instrument and the instrument operator were properly recertified under the Administrative Rules of Montana. The justice court granted the motion to suppress. The district court reversed. The Supreme Court affirmed, holding that the district court did not abuse its discretion when it concluded that a sufficient foundation existed to admit the results of Defendant’s breath test under the administrative rules.
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