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LEWIS v. COM.

No. 2005-CA-002408-DG.

217 S.W.3d 875 (2007)

Jeremy S. LEWIS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court April 11, 2007.

Attorney(s) appearing for the Case

Stephen P. Huddleston, Warsaw, KY, for appellant.

James C. Monk, Carrollton, KY, for appellee.

Before ACREE, DIXON, and VANMETER, Judges.

OPINION

VANMETER, Judge.

In order for the results of a breath alcohol concentration (BAC) test to be admissible at trial, a proper foundation must be laid. The issue we must address in this case is whether certain testimony, that the Intoxilizer® 5000 (Intoxilizer) went through a "calibration check," met the requirement of showing that an "alcohol simulator analysis" was conducted. 500 KAR1 8:030 § 1(2). As we...

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