The defendant in this drunk driving prosecution persuaded the trial court to suppress the results of his blood alcohol breath test on grounds that the test machine had not yet been adjusted to reflect daylight saving time since it took effect a few days earlier and the police officer wrote the actual time of day by hand on the test results printed by the machine.
We hold the evidence should not have been suppressed.
. . . .
The aspect of the breath test procedure challenged here is the timestamp on the evidence ticket. . . . The relevant section reads: “When the printer stops, remove the EVIDENCE TICKET from the instrument and check the EVIDENCE TICKET for the numerical alcohol SUBJECT SAMPLE and correct date and time.” 260 I.A.C. 1.1-4-8(6) (2004). [Footnote omitted.]
The State argues that Officer Chin followed each of the required steps for administering the test and that the procedures require only that the operator to check the evidence ticket for the correct date and time and are silent as to what course of action the operator should take if an anomaly occur.
While Indiana courts have yet to discuss whether the accuracy of the time stamp has anything to do with the reliability of the test results, the Missouri Court of Appeals has discussed the issue. In Bradford v. Dir. of Revenue, 735 S.W.2d 208 (Mo. Ct. App. 1987), the print-out from the breath machine showed an incorrect date, rather than the date the test was actually administered. The court determined: “The incorrect date on the print-out does not evidence a malfunction of the machine. It means either that someone forgot to reset the date . . . or, in the alternative, that the test in question was not given to Bradford.” Id. at 210. “The fact that someone forgot to reset the date is irrelevant to the issue of whether the machine functioned properly.” Id.
. . . .
We find these decisions instructive. Here, Officer Chin followed each of the required steps of the procedure. The record does not indicate that he did anything that calls into question the reliability of the instrument or the evidence ticket when he noticed the erroneous timestamp and wrote the actual time of day on it.
. . . [W]e think the officer’s action in this instance, noting a Daylight Savings difference, raises only a de minimus concern about the accuracy of the test results. We hold that this evidence is admissible.
Dickson, Sullivan, Boehm, and Rucker, JJ., concur.