DANIEL V. DENNIS, Appellant,
STATE OF ALASKA, DEPARTMENT OF ADMINISTRATION, DIVISION OF MOTOR VEHICLES, Appellee.
Appeal from the Superior Court No. 4FA-11-02914 CI of the State of Alaska, Fourth Judicial District, Fairbanks, Michael A. MacDonald, Judge.
Kenneth L. Covell, Fairbanks, for Appellant.
Andy Harrington, Assistant Attorney General, Fairbanks, and Michael C. Geraghty, Attorney General, Juneau, for Appellee.
Before: Fabe, Chief Justice, Winfree, Stowers, Maassen, and Bolger, Justices.
A motorist was arrested for driving under the influence of alcohol and submitted to a breath test that indicated his breath alcohol concentration was over the legal limit. The motorist challenged the revocation of his driver's license at a hearing before the Division of Motor Vehicles, arguing that the breath test instrument's calibration was not properly verified. The hearing officer concluded that the scientific director of the Department of Public Safety followed the controlling regulation by providing for this verification to be performed automatically. The superior court agreed with the hearing officer and we affirm.
II. FACTS AND PROCEEDINGS
Daniel Van Dennis was arrested for driving under the influence of alcohol and submitted to a chemical test, which showed that his breath alcohol concentration was over the legal limit. Dennis received a notice of the revocation of his driver's license, and he requested a hearing to contest the revocation. Before the hearing, Dennis filed a motion to suppress the breath test result, arguing that the verification report for the instrument's calibration did not comply with the controlling regulation.
The verification report at issue was signed by the Scientific Director of the State Breath Alcohol Program, stating:
(1) I am a Forensic Scientist IV for the State of Alaska Scientific Crime Detection Laboratory.
(2) The Alaska Scientific Crime Detection Laboratory is an entity within the Department of Public Safety.
(3) I am the Scientific Director of the State Breath Alcohol Program.
(4) In that capacity, I am responsible for overseeing the Breath Alcohol Program, which includes assuring that instruments are ...