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.
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
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.
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