When it comes to DWI cases, the use of breath analyzer equipment is important but the source of its manufacturer is not.
At least that is what a recent Missouri Court of Appeals, Eastern District case decided.
The Director of Revenue was appealing the judgment of a trial court in St. Charles County. The judgment reinstated the driver’s driving privileges after the Director had suspended them after driver’s arrest for DWI.
The Director’s argument was that the trial court improperly excluded evidence of the Driver’s blood alcohol content (BAC). The court’s decision was based on the Director failing to establish that the Intox EC/IR II breath analyzer used to determine the Driver’s BAC was not manufactured or supplied by a certain company, namely Intoximeters, Inc. of St. Louis.
The appellate court ended up reversing and remanding the decision of the trial court, essentially holding that the source of a breath … Read the rest