People v. Ebert

To lay proper foundation for admission of results of Breathalyzer test, it is necessary to establish only that the test was performed in substantial compliance with Department of State Police standards. If a deviation from mandated procedures does not pertain to a matter of science, a court is competent to determine whether deviation compromised integrity of testing process. Police officer's failure to observe Defendant while he used the bathroom during the 20-minute observation period, and where Defendant did nothing to impair accuracy of test, was de minimus deviation, and results were admissible due to substantial compliance with standard procedures.