State v. TozierAnnotate this Case
A police officer certified to operate the Intoxilyzer, a self-contained breath-alcohol testing apparatus, used the device to test Defendant’s breath-alcohol content. Defendant was subsequently charged with criminal operating under the influence. Pursuant to Me. Rev. Stat. 29-A, 2431(2)(D), Defendant requested that the State produce a qualified witness to testify at his trial. The officer who administered the test was scheduled to testify at trial, but there was no other expert available. Before trial, Defendant filed a motion in limine to exclude the breath-alcohol test result from evidence. The trial court granted the motion, concluding that the State failed to produce a qualified witness. The Supreme Judicial Court vacated the judgment, holding (1) the statute does not require the State to produce expert testimony in order to have the results of the Intoxilyzer admitted into evidence; and (2) the Confrontation Clause of the U.S. Constitution is not implicated when the declarant who administered the breath test is available to testify.