State v. Johnston
258 P.3d 417
Mont.2011Background
- Gavin Johnston was arrested for driving under the influence on April 23, 2010.
- Johnston submitted a breath sample tested on an Intoxilyzer 8000 showing a BAC of .12.
- The State charged Johnston with a fourth-offense DUI in May 2010.
- The device had been certified on April 15, 2010 and field-tested on April 15, 2010.
- Johnston moved to suppress arguing the device had not been field tested within a week of arrest; the District Court granted suppression based on Gieser’s language about weekly field testing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Intoxilyzer 8000 was properly field certified. | Montana argues the device was certified within 31 days as required. | Johnston argues the prior Gieser framework requires weekly testing and the instrument was not within that timeframe. | Device properly field certified under 31-day rule. |
| Whether Gieser dictates ongoing weekly field testing accuracy. | Montana contends Gieser did not overrule the 31-day rule and its interpretation remains valid. | Johnston maintains Gieser controls and requires weekly testing. | Gieser’s weekly-testing language is erroneous and not controlling. |
| Whether White’s pre-2007 rule applies to Johnston’s test. | Montana argues White is not applicable to post-2007 rule changes. | Johnston asserts White’s language is applicable to the facts. | White is not applicable to Johnston’s test. |
| Outcome regarding suppression of breath-test evidence. | Montana seeks reversal of suppression. | Johnston seeks suppression to stand. | District Court’s suppression reversed; case remanded for proceedings. |
Key Cases Cited
- State v. Delaney, 297 Mont. 263, 991 P.2d 461 (Mont. 1999) (regulation of breath analysis instruments; administrative rule framework)
- Mont. Petroleum Tank Release Comp. Bd. v. Empire Fire & Marine Ins. Co., 344 Mont. 54, 185 P.3d 1021 (Mont. 2008) (overruled erroneous dicta; clarifies reliance on older statements)
- State v. White, 201 P.3d 808 (Mont. 2009) (addressed weekly field-certification language pre-2007)
- State v. Gieser, 359 Mont. 95, 248 P.3d 300 (Mont. 2011) (provided weekly-field-certification language later corrected by 2007 amendment)