Bushnell v. State
In Bushnell v. State, 5 P.3d 889, 891-92 (Alaska App. 2000) the Court ruled that the legislature, by enacting AS 28.40.060, had implicitly declared that this margin of error was "tolerably inaccurate" and irrelevant to a driver's guilt under AS 28.35.030(a)(2).
The Court then rejected the defendant's claim that the statute violated due process by allowing the State to select a breath test machine without regard to the accuracy of the machine. 9 We noted that a due process problem might arise if the State switched to a machine that was less accurate than the Intoximeter 3000, but we found that scenario "unlikely."