North Dakota v. Blaskowski

Nicholas Blaskowski appealed after a jury found him guilty of driving under the influence under N.D.C.C. 39-08- 01(1)(a). Blaskowski argued the district court erred in admitting the results of his chemical breath test into evidence because the State failed to establish the chemical breath test was fairly administered under N.D.C.C. 39-20- 07 because the State did not offer proof the device used to perform the chemical breath test was installed by a field inspector prior to its use. The North Dakota Supreme Court determined the approved method for conducting the chemical test at issue in this case required the device be installed by a field inspector. Absent evidence of installation of the device by a field inspector, or expert testimony establishing the test was fairly administered, the test result was not admissible. Therefore, the district court abused its discretion when it admitted the test result. View "North Dakota v. Blaskowski" on Justia Law