State v. Turner
283 P.3d 527
Utah Ct. App.2012Background
- Turner was convicted of driving under the influence (DUI) a third-degree felony under Utah Code § 41-6a-502/503(2).
- Turner challenged breath test procedures adopted under Utah Code § 41-6a-515(1) as violating Rule 702 of the Utah Rules of Evidence.
- At the scene, one Intoxilyzer test was administered after 17 minutes without contemporaneous confirmation testing.
- Turner moved to suppress the Intoxilyzer results; the trial court held § 41-6a-515 constitutional and admitted the results under Rule 702.
- The State presented testimony from a Trooper about maintenance, calibration, and testing procedures; Turner presented a defense expert arguing duplicate tests and constant external calibration are necessary.
- Turner pled guilty while preserving appellate rights and challenged the admission and underlying statutes and due process claims on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 702 threshold reliability supports admission of Intoxilyzer results | Turner argues procedures are unreliable under § 41-6a-515(1) | State contends Trooper’s testimony shows threshold reliability | Yes; trial court did not abuse discretion; threshold reliability met |
| Constitutionality of Utah Code § 41-6a-515 relative to Supreme Court rulemaking power | Turner contends § 41-6a-515 infringes on Supreme Court rulemaking power | State asserts no necessary decision on constitutionality if admissibility upheld | Not reached on appeal (preservation/ground not decided) |
| Due process challenge to reliability of results | Turner asserts due process violations due to unreliability | State relies on Rule 702 threshold showing | Not considered on appeal (briefing inadequacy) |
| Whether § 41-6a-515 shifting burden of proof violated due process | Turner argues burden-shifting undermines due process | Trial court did not rely on statutory presumption; issue not reached | Not reached on appeal (dependent on above) |
Key Cases Cited
- Murray City v. Hall, 663 P.2d 1314 (Utah 1983) (breath-test admissibility and burden considerations in DUI)
- State v. Sheehan, 273 P.3d 417 (Utah App. 2012) (gatekeeping threshold for Rule 702 reliability)
- Gunn Hill Dairy Props., LLC v. Los Angeles Dep’t of Water & Power, 269 P.3d 980 (Utah App. 2012) (recognition of Rule 702 threshold approach)
- Layton City v. Peronek, 803 P.2d 1294 (Utah Ct. App. 1990) (breathalyzer reliability and evidence admissibility discussed)
- Ramirez v. State, 817 P.2d 774 (Utah 1991) (due process considerations in identification/evidence)
- Rimmasch, 775 P.2d 388 (Utah 1989) (gatekeeper role in evidence reliability)