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State v. Stratmeier12/17/2003
of the administrative directions that the district court concluded were violated provided that, after analyzing a sample, the instrument would print out one of the following results:
SUBJECT REFUSED? (Y/N) Will be asked again if the instrument has been allowed to go through the 2-minute breath sampling period without a adequate sample having been provided. If this question is answered with a "Y" a printout will be obtained and at that point where the results of "SUBJECT SAMPLE" are printed, the word "REFUSAL" will be printed. If this question is answered with a "N" after the test period then the word "INCOMPLETE" will be printed instead of "REFUSAL". At this point, the instrument would then return to the "READY-PUSH RUN" screen and if the subject were to be given another opportunity, the instruction will ask "USE PREVIOUS DATA?" (Y/N) after the "RUN" key was pressed. A "Y" would allow the operator to scroll through the information entered previously to verify its accuracy and then proceed into a new opportunity for the subject to provide a breath sample.
We find nothing in the foregoing directive that is inconsistent with the express validation of the manual-override process in the agency's directions to users of the machine.
The trial court determined that the requirement for obtaining a new mouthpiece upon the initiation of a second or subsequent testing procedure did not apply to false starts during a single testing procedure. That was the situation involved in the present case. As a matter of practicality and common sense, we agree with the trial court's conclusion on this issue. For all of the reasons stated, we conclude that the results of chemical testing that were suppressed by the trial court are admissible without further foundation pursuant to section 321J.15. We have considered all issues presented and conclude that the judgment of the district court must be reversed. The case is remanded to that court for further proceedings consistent with this opinion.
REVERSED AND REMANDED.
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