Asked in DUI / DWI for Minnesota

Q: Admissibility of a breath test report from the Intoxilizer Machine re DUI charge in MN

If the breath test report does not include the test subjects name or any of the identification information the report request to be completed by the officer filling in the data fields for the breath test operation and report... is it admissible in court? Report had no mention of who the test subject is on printout breath analysis report.

Related Topics:
2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • DUI & DWI Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: There should be other identifying information on the report such as the date and time the test was taken, where the test was taken, if not the name of the subject - then the DL # for the subject who provided the test. Additionally, many would have video surveillance of the area where the test was provided that would show who provided the breath sample.

William Bailey agrees with this answer

William Bailey
William Bailey
Answered
  • DUI & DWI Lawyer
  • Bloomington, MN
  • Licensed in Minnesota

A: The state will likely have other ways to provide this information and have the test record admitted. If you are facing a DWI charge, you really should have an attorney helping you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.