Case Notes
The health department rules are applicable only to the proceedings enumerated in this section; and when the State seeks to introduce the breathalyzer results in a prosecution outside the ambit of this section, it must establish a foundation independent of the rules. 1 H. App. 625, 623 P.2d 1271.
Intoxilyzer test result inadmissible where officer administering test had less than required training and had not been issued appropriate permit. 5 H. App. 575, 704 P.2d 927.
To admit intoxilyzer test result, there must be strict compliance with rules having direct bearing on validity and accuracy of test result. 6 H. App. 554, 732 P.2d 253.
Where intoxilyzer not checked for accuracy, test results inadmissible, though operator followed operational checklist and device allegedly "fail-safe". 6 H. App. 569, 733 P.2d 326.