Missouri Court of Appeals, Western District / Feb 11, 2020
Michael Stehwien vs. Director of Revenue
Michael Stehwien appealed the circuit court's judgment sustaining the revocation of his driving privilege, which was based on a breath test indicating a blood alcohol content of .187 percent. He argued that the breath test results were inadmissible because the machine was not subjected to proper maintenance and reporting. The appellate court affirmed the judgment, finding that the maintenance checks on the Intox DMT machine were performed in compliance with Department of Health regulations, thus making the breath test results admissible.