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State v. Souza1/29/1987
of alcoholic content. See Hughes v. State, 17 Ark. App. 34, 702 S.W.2d 817, supplemented by 17 Ark. App. 34, 705 S.W.2d 455 (1986).
We therefore conclude that Chang used "a minimum of two (2) reference samples of known alcohol concentrations" in testing the Intoxilyzer for accuracy, strictly complying with § 11-111-2(b)(3) of the Rules.
2.
Souza's next challenge is directed to § 11-111-2(b)(6) of the Rules which requires "the operator/supervisor to keep as a permanent record assay reports that certifies the amount and composition of the chemicals in the lot of reference sample of alcohol solutions[.]" Claiming lack of strict compliance because Chang failed to "keep any record of composition and amount [of the stock and simulator solutions] in any permanent book[,]" Souza argues the Intoxilyzer test result was inadmissible. We are not persuaded by this technical argument because § 11-111-2(b)(6) has no direct bearing on the validity or accuracy of the test result.
As stated above our prime concern is with the validity and accuracy of the test result. Therefore, where the Rules' provisions have a direct bearing in that regard we require strict compliance with those provisions to fulfill the foundational prerequisites of admissibility. Our decision in Nakahara, supra, indicates that the qualification of the Intoxilyzer operator has a direct bearing on the accuracy of the test result. However, where the provision in question has no direct impact on the validity or accuracy of the test result, noncompliance will not result in inadmissibility but will go to the weight of the State's evidence.
The procedure specified in § 11-111-2(b)(3) in testing for accuracy of the Intoxilyzer clearly has a direct bearing on the test result obtained from that Intoxilyzer. In our view, however, the fact that Chang failed to keep a record concerning the stock and simulator solutions has no direct impact on the validity and accuracy of the test result. Consequently, such record keeping deficiencies affect the weight to be given to the test result but do not affect its admissibility.
Affirmed.
Disposition
Affirmed.
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