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The Intoxilyzer 9000 machine used to determine a motorist’s breath alcohol content level does not violate a defendant’s constitutional rights to confront witnesses against them, the Colorado Court of Appeals reaffirmed Thursday. In a precedent-setting case out of Rio Blanco County, a three-judge panel of the appeals court initially ruled last summer that the use of a “working order” certificate generated by the machine based on an analysis by someone other than an arresting officer to show that it is functioning properly does not constitute testimonial evidence. Instead, it is merely evidence as to the machine’s reliability and, therefore, does not violate the confrontational clause of the 6th Amendment, which gives defendants the right to be confronted by witnesses against them.

United statesRio blanco countyWilliam ambroseDiana terryRebecca freyreLino lipinskyColorado supreme courtColorado courtColorado department of public healthColorado departmentPublic healthJudges diana terryRiminal lawCivil lawAppeals courtஒன்றுபட்டது மாநிலங்களில்