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STATE v. WILSON

No. 17465.

780 P.2d 93 (1989)

116 Idaho 771

STATE of Idaho, Plaintiff-Appellant, v. Bret R. WILSON, Defendant-Respondent.

Supreme Court of Idaho.

Rehearing Denied October 19, 1989.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-appellant. Myrna A.I. Stahman argued.

Paul T. Clark, Lewiston, for defendant-respondent.

JOHNSON, Justice.

This is a driving under the influence (DUI) case. The primary issue presented is whether the trial court properly prohibited and suppressed evidence concerning breath tests using an Intoximeter 3000 with a deactivated Taguchi cell. We hold that the Intoximeter 3000 with a deactivated Taguchi cell was approved by the department of health and welfare (the Department) for use as a direct breath testing instrument. No further certification of the instrument...

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