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State v. Rolison2/12/1987
zer, it will operate and print a card with the result being 0.03 percent off.
Also, the "error light" going on does not mean that the Intoxilyzer is not working properly. It merely means that there is an operator's error, for example, "when the Zero Adjust Knob is improperly moved during the test sequence, or the 'Zero' setting was made improperly before the test." 2 R. Erwin, Defense of Drunk Driving Cases § 24A.02 (3d ed. 1986). The absence of an operator's error does not mean that the Intoxilyzer itself is error free.
We are not persuaded that the Intoxilyzer is "fail-safe" in all respects, including its accuracy regarding the test result. We defer to the legislature's appointed expert, the Department of Health, to determine
whether the Intoxilyzer is totally "fail-safe." Until such determination is made, the State must strictly comply with § 11-111-2(b)(3) of the Rules regarding testing for accuracy to meet the foundational prerequisites.
Since the foundational evidence was insufficient, the district court erred in admitting the Intoxilyzer test result into evidence.
Judgment vacated and case remanded for a new trial.
Disposition
Judgment vacated and case remanded for a new trial.
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